| Abstract: | Although there are a number of doubt in the case law regarding property of the common court, this has not been until now discussed in detail in the study of criminal trail. This work is an attempt to fill this gap in the achievements of the doctrine of the criminal process.
In discussing the above issue, the first step was to make a linguistic analysis of the meaning of the name "properties" and associated name "right" both on the basis of everyday language and specialized language which is the language of law. A similar analysis was also made in relation to the other crucial for the development of the topic name namely "court". Then it was necessary to presented, compared and evaluated the definition of property of the court in the present study of a criminal process, in consequence of which it was possible to formulate a new definition of the analyzed issue.
Topic of the work does not cover the entire scope of the issue of property of the court therefore in the next step it became necessary to determine the detailed issues that will be addressed in the work, and those that will be missed.
The issue of property of the court is significantly related to the issue of the court itself, and therefore this problem was also discuss, in particular, in what sense in this work will the concept of the court be understood, and especially the concept of the common court. Also the structure of the common courts in our country was discusses.
A key issue for the topic of this paper is the issue of the "right to trail" formulated in art. 45 of the Constitution Republic of Poland which includes the right to a trial by a court of competent property. The primary function of the property of the court, which was intended by the legislature, is this guarantee function of the property, which was why it became also necessary to discuss this issue in detail, since it is also closely linked to the issue of the "right to trial". Given the fact that our country has ratified a number of international agreements related to the issue of the "right to trial" and "property of the court" it was also necessary to discuss the regulation of these legal acts concerning the subject of the work.
Subsequently, quoted and discussed ware the definitions of the various types of property of the court such as matter property or territorial property. Property of the court is one of the premises the process, and therefore it was necessary to discuss the issues of premises of the process in general, and the property of the court as premise of the process. omplete discussion of property of the court also requires the presentation of the reasons for which the legislature has decided to settle this issue through legal act.
After discussing the above general issues related to the property of the court it was necessary to discuss their individual institutions.
The first discussed type of property, was the general property of the court. In terms of general property firstly, discussed type the property was the matter property, in particular, the conditions which the legislature directs, and should be directing, by sharing issues between the district courts and the county courts. Then matter property of the district court and the county court was presented, while proposing a new division of criminal cases between the courts. A separate piece of work has been devoted to the issue of the transfer of the case by the court of appeal to the district court pursuant to art. 25 § 2 k.p.k. The last issue discussed in part of the work devoted to the issue of matter property was the problem of transitional rules relating to the powers of matter property, and the associated with it concerns regarding to the amendments of the Code of Criminal Procedure.
Another component of the general property is the functional property, in the part of work dedicated to this issue the current model of the this property was presented as wall as proposes of some changes to its scope, in particular regarding the use of pre-trial detention.
The last part of the chapter on general property was devoted to the issue of territorial property, where all the regulations pertaining thereto, ware discussed.
The next section of work was devoted to a particular properties constituting an exception to the general property.
First part of the chapter discusses the issues of the property of the connectivity. Separately discussed was the issue of excluding part of the case to separate conduction and of refereeing it to the proper court to recognize.
Last part of the chapter on the particular properties was devoted to the property from delegation in which we distinguish: transfer of the case because of procedural economy, transfer of the case due to the interests of justice, transfer of the case due to the lack of the bench, and the transmission because of the danger of limitation criminality.
Next chapter is dedicated to issues of researching property and rule on the property of the court. This chapter discusses in detail issues of researching property and adjudication on the properties of the court, as well as a new model of the adjudication on this subject was proposed. An extensive part of this chapter was devoted to the issue of appeal against a decision concerning the property of the court.
The next chapter is devoted to the issue of the dispute concerning the property of the court. In particular, the types of disputes, situations when they can be initiated, conduct of their settling, and associated activities without delay.
The last chapter of the work discusses the effects of violations property both an absolute and relative. |