ENG
POL
The principle of fair trial in proceedings for petty offenses
https://doi.org/10.48269/2451-0807-sp-2025-1-16
Abstract
The right to a court in both criminal cases and misdemeanors constitutes a fundamental guarantee of individual rights protection, derived from Article 45(1) of the Constitution of the Republic of Poland and Article 6 of the European Convention on Human Rights. The author, starting from the constitutional standard of the right to a court in misdemeanor proceedings as a determinant of a fair criminal trial (as interpreted in constitutional law doctrine and the case law of the Constitutional Tribunal), outlines the significance of the issue and characterizes the existing model of misdemeanor proceedings. This is examined from the perspective of both the individual held accountable before the court and the person accepting a fine for a committed misdemeanor. Through an analysis of statistical data, the author considers the transfer of certain categories of misdemeanors to administrative authorities, which could reduce the number of court cases and shorten proceedings, while ensuring effective and procedural oversight of administrative decisions and maintaining the constitutional standard of the right to a court.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Vol. 36 No. 1 (2025)
Published: 2025-06-26
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.