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Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?

Prof. dr hab. Hanna Paluszkiewicz

University of Zielona Góra

English abstract: This study aims at presenting conceptual category named “public interest” under the Polish procedural criminal law. The concept of “public interest”, which is the subject of this analysis, is treated as an indefinite term, functioning as a general clause, whose the task of which is to render a legal text more “flexible” by referring to a set of values outside of the system.

The term “public interest” is no longer used in the provisions of the Code of Criminal Procedure. The legislator still uses many other general clauses, including the “social interest” clause. The analysis of cases in which this clause is used shows that, in fact, these two conceptual categories may not be equated, should not be used interchangeably, and are not synonymous. Although the term “public interest” is no longer a statutory term under the Code of Criminal Procedure, given the fact that it expresses values such as respect for the law and the rule of law, it should be assumed that by proper shaping of the criminal trial model and ensuring that entities performing the role of public interest advocates participate in it, these values are – at least potentially – protected. State prosecutors, in their capacity of public interest advocates and in order to properly discharge their duty to uphold the rule of law, should maintain organizational independence and procedural impartiality.

Keywords: procedural criminal law, general clause, public interest, public interest advocate, social interest advocate, state prosecutor

Language: English

Published: Number 3(24)/2020, pp. 93-104.

DOI: https://doi.org/10.36280/AFPiFS.2020.3.93

Download: Download
Number of downloads: 191

Filed Under: Articles Tagged With: general clause, procedural criminal law, public interest, public interest advocate, social interest advocate, state prosecutor

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Keywords

institutional theory of law scholarly interpretation legal doxa constitutionalism law as a cultural subject theory of legislation Maciej Próchnicki in dubio pro reo corpus linguistics Maksymilian Hau factual model personal truths objectivity regulation of order deliberative public philosophy Principles of philosophy of law Sattherwaite inference Jan Winczorek civic participation state neutrality social consciousness Stufenbau legal gaps legal multicentrism ‘componential’ theory of values Divine ethics aesthetics of law formalization collaborative law legal guarantees of advocates’ activity underrepresentation naturalism criminalization of commercialization of trade in organs dynamic interpretation reason Tomasz Barankiewicz Lucie Olbrechts-Tyteca Yang Deyou social choice theory liberalism legal truisms (non)discrimination Maciej Dybowski right to truth Aleksandra Samonek prosecutors copyright essentially contested concepts legal principles

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