Article 266 § 1a Code of Criminal Procedure – threats and state of uncertainty

Abstract

This paper is intended to demonstrate threats and the state of uncertainty caused by a legal regulation, concerning a bond in Polish criminal proceedings. Author raises the following issues: a potential contradiction of the aforementioned amendment to the Polish Constitution and European Convention on Human Rights, the effects of this regulation on the state expenditure and the usage of other preventive measures in criminal law, especially temporary arrest. According to the author, introduced legislation might be applied diversely due to the possibility of contrasting interpretation. Furthermore, this paper contains thoughts on purposes of these amendments and consequences of their application in a new form.