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Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings

Dr Karolina Gmerek

University of Szczecin

English abstract: The empirical research of the communication process at the trials which were held in common courts indicated, in particular, that the utterances of trial participants, despite their varied verbal forms, were identified as procedural acts. In addition, these verbal forms were often significantly different from the explicit forms where proper legal terms were used. The aforementioned results of the analysis lead the author to pose the following question: what thought processes (mechanisms) allow for the identification of procedural acts based on the utterances which are not explicit for the performance of these acts. The aim of this paper is to describe these types of mechanisms. The utterances of participants of a trial illustrate the issues taken into consideration in this paper.

Keywords: conventional acts, procedural acts, identification of procedural acts, trial, interpretation of procedural statements

Language: Polish

Published: Number 1(22)/2020, pp. 21-36.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.21

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Filed Under: Articles Tagged With: conventional acts, identification of procedural acts, interpretation of procedural statements, procedural acts, trial

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Keywords

schools of legal thought Robert Brandom legal narrative public interest state prosecutor ethnocentrism Maciej Próchnicki Marek Jakubiec self-realization prevention intellect Stanisław Czepita ECHR judgements Maciej Zieliński doctors administrative law procedural criminal law conventionalism moral psychology legal guarantees of advocates’ activity Jakub Łakomy human nature cultural defence political transition analytical philosophy Polish courts beauty legal doxa transmission easement monocentrism Systems Theory opt-out model public interest advocate virtue ethics ‘componential’ theory of values qualified legal assistance judicial election judicial precedent Michał Dudek claim to correctness Marcin Romanowicz positive responsibility critical legal theory Mateusz Stępień human and civil rights and freedoms border persons political responsibility prototype theory impartiality and independence of judges Karolina Gmerek

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