O potrzebie wyeliminowania wyroku zaocznego z Kodeksu postępowania w sprawach o wykroczenia

Petty offence proceedings constitute a distinct type of procedure, separate from criminal proceedings, concerning prohibited acts defined in the Polish Petty Offence Code as well as other acts classified as petty offences. Compared with criminal proceedings, they are characterised by numerous differences and simplifications designed to ensure greater efficiency and procedural economy. One such difference is the institution of the default judgment, rendered in the absence of the accused at the hearing. This institution is outdated and disproportionate in view of the subject matter of such proceedings. Moreover, in the context of petty offence proceedings, the legislator affords disproportionately broader rights to an accused who did not participate in the hearing at which the judgment was issued, as compared with criminal proceedings. For these reasons, it is argued that the default judgment should be eliminated from petty offence proceedings.