Wadliwa praktyka w zakresie doręczania postanowień prokuratorskich o zatwierdzeniu zatrzymania rzeczy i przeszukania. Uwagi de lege lata i postulaty de lege ferenda

Abstract

In the presented article, the author analyzes practical issues related to the service of process of the public prosecutor’s decisions related to the search and seizure during the course of the preparatory proceedings. The first part of the paper discusses the search and seizure regulations in urgent cases. In the course of further deliberations, the focus is on search and seizure regulations, obligation on the service of public prosecutor’s decisions and opportunity of its appealing. The author points out that this practice is wrong and suggest what the optimal solution should look like, even without legislative changes, but with the right interpretation of the current regulations. All the considerations lead him to present his own final conclusions and de lege ferenda postulates.

Keywords

• search and seizure
• service of process
• approval for seizure
• public prosecutor
• preparatory proceedings
• urgent cases
• public prosecutor’s decisions
• appeal