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: Original printed in Polish, English translation available below

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

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

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