Z problematyki trybów ścigania

Abstract

The article discusses prosecution upon motion and the related modifications and suggestions put forward by legal scholars as a consequence of amendments to the Criminal Code and other statutes in recent years. Special attention is devoted to selected types of offences, whose method of prosecution changed. An analysis is conducted of the arguments in favour of changing the method of prosecuting and of the influence the change of such method has on the increase in the number of offences. Using the example of the offence of breach of domestic peace, the author presents a conception whereby the prosecution method depends on whether the act is the basic type of the offence or a less serious form of the offence. The example of the offence of criminal threat is used to indicate an original suggestion of a ‘movable’ method of prosecuting, which suggestion appeared in the context of the Criminal Code Bill of 1963. The author also identifies problems relating to the methods of prosecuting offences against sexual freedom and decency, which offences are defined in Chapter XXV of the Criminal Code. These remarks concern the offence of rape, whose method of prosecution changed as a result of the amending statute of 13 June 2013 and since than rape is prosecuted ex officio.