Umorzenie postanowieniem postępowania karnego ze względu na brak skargi uprawnionego oskarżyciela w sprawie zainicjowanej subsydiarnym aktem oskarżenia

Abstract

The study analyses the legislative changes made by the Act of 7 July 2023 amending the Act – the Code of Civil Procedure, the Act – the Law on the System of Common Courts, the Act – the Code of Criminal Procedure and some other acts, relating to the institution of subsidiary prosecution, concerning the discontinuation of criminal proceedings due to the lack of a complaint of an authorised accuser by a decision issued at a session or a main hearing. They were related to the introduction of the provisions of Article 339 § 3b and Article 368a to the Code of Criminal Procedure. The aim of the analysis undertaken was to assess the legitimacy of the changes made. The research carried out by the dogmatic-legal method led to the conclusion that the two new articles are inconsistent with each other, and that the changes introduced are unlikely to improve the quality of criminal proceedings conducted following the filing of a subsidiary indictment.

Keywords

• subsidiary indictment
• subsidiary prosecutor
• discontinuance of proceedings
• order