Warunkowe umorzenie postępowania karnego jako przejaw interdyscyplinarności prawa karnego z uwzględnieniem status pokrzywdzonego

Abstract

Interdisciplinary character is a common occurrence in law. It is justified in the permeation of values and norms that protect it. Undoubtedly, the efficiency of legal norms of a country necessitates the norms of individual branches of law to supplement the norms of other branches of law. Also, penal law at large is a set of norms that supplement one another. The interconnection of material and process penal law do not need further explanation. Material law would be “dead” if the norms that dictate the course of action were absent. An example of close interconnection of material and process penal law norms is the institution of mutual termination. The material-process bond of the institution of mutual termination is very strong and, as the subject literature suggests, rather inseparable. With the change of this institution in the picture, the increase of the share of the process aspect which is visible in the creation of a complex of formal regulations that norm the procedure of ruling on conditional termination of penal proceeding. The lawmaker, when developing the process regulation of conditional termination, takes into account the new trend in penal policy, namely, the increase in the role of the participants of the process, especially of the defendant and the injured party, on the court’s ruling. This occurs in the issues of repairing the damages and compensation to the injured party. This article shows mutual and complimenting action of norms of penal law and process penal law based on the institution of conditional termination of legal proceeding.