Polish Constitutional Tribunal: The rules for disclosing case records at the pre-trial stage of criminal proceedings

Abstract

The judgment deals with the issue of inadequate access to criminal investigation files in the course of the preliminary proceeding. The Constitutional Tribunal held that a relevant provision of Polish law is unconstitutional insofar as it allows for arbitrary exclusion of free access to investigation records. It is virtually impossible to confute prosecutor’s accusations without knowing the reasons for criminal charges. Therefore, the adequate access to case records is indispensible for effectively exercising the constitutional right of defence. From the perspective of the criminal procedure, the judgment rendered by the Constitutional Tribunal constitutes one of the most important decisions issued in the recent years.