The concept of abuse of process rights and the criminal process

Abstract

The article is a discussion of the issue of abuse of procedural rights in the criminal process. Its aim is to systematize considerations and to enrich the discussion taking place in the doctrine of basic issues concerning instrumentalization. Using the method of theoretical-legal analysis a terminological distinction is indicated and the question of what is the abuse of procedural law in a criminal trial is referred to. Using the method of dogmatic-legal analysis, an analysis of individual provisions was carried out, reading the norms expressed by them and pointing to the risks associated with their instrumentalization. At the same time, the research also drew attention to the examples of abuse of procedural law in the criminal process, wrongly indicated in the doctrine. Moreover, the topic of the legal basis for the introduction of the institution of abuse of procedural law on the grounds of the criminal trial has been addressed, signalling at the end a certain possible interpretation.

Keywords

• abuse of right
• abuse of process
• instrumentalization of right
• abuse of process powers
• derivative interpretation
• criminal trial