Model postępowania przygotowawczego w polskim procesie karnym

Abstract

The model of preparatory proceedings in Polish criminal law in a comparative legal context has not yet been the subject of a comprehensive study based on the current Code of Criminal Procedure. The research thesis adopted in the study is that polish criminal proceedings, in terms of preparatory proceedings regulation, are inconsistent both internally and in relation to an objective standard. The hypothesis of the study is the assumption that the model of preparatory proceedings in Polish criminal law exhibits certain inconsistencies. Until now, preparatory proceedings models have been described as concrete systems, such as the french or german models. This study will aim, through the use of the comparative method, to reconstruct a model of preparatory proceedings in abstracto. It will be developed based on the identification of model features found in the most representative models within the civil law tradition.After identifying the model features of the most representative legal systems, a reconstruction of the abstract model of preparatory proceedings will be undertaken, combining selected solutions. Subsequently, having obtained this theoretical model, the preparatory proceedings in the polish Code of Criminal Procedure will be described using formal-dogmatic methods. To ultimately answer the main question, the polish model will be compared to the abstract model. Only this comparison will provide the answer to what the model of preparatory proceedings in the Polish Code of Criminal Procedure is and whether it is consistent. This offers a metadogmatic perspective, as the question is not about what kind of model arises from the provisions but rather what model emerges when compared to another (abstract) model.