Prawo do tłumaczenia pokrzywdzonego w polskim procesie karnym – wybrane zagadnienia

Abstract

The analysis of the provisions of the Code of Criminal Procedure shows a clear asymmetry in the rights of the accused and the victim as regards the right to interpreting. Despite the implementation of subsequent amendments, the legislators consistently ignored the rights of the victim with regard to the right to interpreting; when they actually dealt with that issue, it was done in a fragmented and selective manner. Moreover, the exegesis of the provisions on the right to interpreting leads to the conclusion that the analyzed right is not fully regulated by the provisions of the Code of Criminal Procedure, and some extremely important normative parts of it must be decoded from the Law on the System of Common Courts. Both these spheres interpenetrate each other, which is undeniably undesirable from the point of view of the standard of legal certainty and transparency. This study aims at identifying legislative shortcomings, as well as at proposing de lege ferenda solutions in relation to the analyzed right of the victim to interpreting.

Keywords

• right to interpreting
• victim
• asymmetry of rights