An outline of the model of the interaction of preparatory proceedings and court proceedings in criminal procedure (considerations against the background of European systems of criminal procedure law)

Abstract

In this article the author focuses on the one of the primary research problems in the case of European systems of criminal procedure law (the shape of the mutual relations between preparatory and court proceedings, and in strict terms, the system of relations between groups of procedural facts that make up the indicated phases (stages) within the course of the proceeding). Bearing in mind the fact that the clarification of the relevant facts of the case is the prism of the general aim of criminal procedure and what goes with it, the settle criminal liability, Author shows relations between preparatory and court proceedings as a chain of functionally interconnected procedural facts. This article shows also the views expressed by the Authors of different systems of law, like: polish, german and French about the shape of the mutual relations between preparatory and court proceedings. The author also shows his own views within the scope of its subject.