SUSPENSION OF A PREPARATORY PROCEEDING VERSUS THE LEGALLY PROTECTED VICTIM'S INTEREST IN THE POLISH PENAL PROCESS (Zawieszenie postepowania przygotowawczego a prawnie chroniony interes pokrzywdzonego w polskim procesie karnym)
The article is an attempt to focus attention on the importance of the statutory penal proceeding directive to take into consideration legally protected victim's interest in the process of trial rules interpretation in the context of suspension of a penal proceeding. As a result of the performed analysis, it was recognized that based on Article 22 of the penal proceeding code it is permissible to suspend a preparatory proceeding exceptionally due to the protection of legally protected interest of the victim as a party who cannot take part in the preparatory proceeding. A model of court control of decisions to suspend an inquiry or investigation introduced by the legislator won the authors' approval. Attention was also focused on the victims' rights which they have when the proceeding is suspended, including those providing their procedural activeness as well as those of a guarantee character.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.