Published: 2016-03-15

Discontinuation of proceedings under Article 59a of the Criminal Code – selected issues

Jarosław Marciniak
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1580

Abstract

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

Keywords:

discontinuation of criminal proceedings, compensation, damage, non-pecuniary damages

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Citation rules

Marciniak, J. (2016). Discontinuation of proceedings under Article 59a of the Criminal Code – selected issues. The Opole Studies in Administration and Law, 14(1), 91–108. https://doi.org/10.25167/osap.1580

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