Reopening of evidentiary proceedings under Polish criminal law (theoretical and praxeological aspects)

Abstract

The text contains an analysis of the legal nature of the regulation of the institution of reopening evidentiary procedure. The views presented consider the institution of reopening the proceeding as a key act of control of the evidence, necessary from the point of view of the correctness of the findings made. The author assumes that limiting the admissibility of reopening proceedings to compliance with formal requirements of procedural law is insufficient. In his opinion, this issue should be identified with proportionality, truthfulness, suitability and effectiveness of the arrangements made as a result of its implementation, both from the point of view of achieving the actual and assumed process objectives. In conclusion, the author asserts that the performance of evidentiary proceedings should take into account the postulate of their legitimacy, completeness, precision and effectiveness for the evidentiary basis of the decision. The whole difficulty in the scope of reopening evidence proceedings lies in balancing goods in the form of limitation of discomfort (inconvenience) to the participants of criminal proceedings, speed of criminal proceedings and implementation of the principle of substantive truth, the principle of legal prosecution, the principle of free assessment of evidence and the postulate of an accurate reaction.