The pro-constitutional application of criminal law (the Vth Cracow Penal Forum, 9th June, 2017)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Daria Kucyper – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

Daniel Kwiatkowski – Vth year student at Jagiellonian University

Wojciech Płóciennik – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

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Keywords

penal measure, prohibition from operating vehicles, evidence, fruits of poisonous tree, judicial assessor, criminal procedure, judge

Summary

The study presents issues discussed during the Vth Cracow Penal Forum concerning the interpretation of substantive and procedural criminal law in compliance with the constitutional rules. The deliberations focused on three fundamental issues. First of them concerned problems with obligatory imposition of prohibition of operating vehicles for life. Next one focused on procedural and constitutional issues of using evidence acquired by way of an offence, that is on recently introduced Article 168a of the Polish Code of Criminal Procedure. The last issue concerned regulation of recently restored institution of a judicial assessor and legality of its participation in the course of criminal trial.