Zmiany w prawie karnym procesowym – analiza z perspektywy zasady koncentracji

Abstract

This paper presents an analysis of the issue of formulating the principle of concentration in the Polish criminal procedure. General issues of criteria for distinguishing the principles of law and the interactions of different principles are discussed. The principle of concentration is perceived as the principle of concentration of procedural actions in criminal proceedings and at the same time efforts are made to ensure its maximum temporal scope, scope of application, and the entities it applies to. The presented approach is directive, and not descriptive, which means that the principle of concentration is presented in the form of a legal norm (a norm obliges an entity to make use of the granted competencies). Some controversies are connected with the issue of the addressees of the principle in question, more precisely whether it is addressed only to procedural authorities or to the parties and other participants (so-called non-institutional participants) as well. Among suggestions of legislative amendments, the need for proper codification of the principle of concentration is indicated. The considerations also include an examination of the emanations of this principle, resulting from the 2019 and 2021 amendments to the Code of Criminal Procedure. In this context, attention is drawn to the possible conflicts between the principle of concentration and other principles, in particular the principle of the right of defence, the principle of truth, the audiatur et alteram partem principle or the requirement of taking into account legally protected interests of the injured party.