Wewnętrzna jawność postępowań rehabilitacyjnych z perspektywy oskarżonego i jego obrońcy

• Main Author: Katarzyna Sychta
• Format: Article
• Language: English
• Published: University of Silesia Press 2017-12-01
• Series: Problemy Prawa Karnego
• Subjects: internal transparency of rehabilitation proceedings; the defendant; the defender; cassation; revision; rule of directness; rules of directness; rule of equality; rule of orality; the right to defense rule of fair trial
• Online Access: https://journals.us.edu.pl/index.php/ppk/article/view/11903

The article touches upon the issue of internal transparency of rehabilitation proceedings and reinvestigations which take place following the annulment of the final judgment. Depending on the rehabilitation prerequisites, it is possible to obtain an acquittal or a judgment equal to an acquittal in three exceptional and appeal modes, i.e. cassation, revision and annulment with regard to persons who experienced repression on the grounds of their involvement in actions aimed at maintaining the independence of the Republic of Poland. The full inclusion of the defendant and their defender in the court proceedings guarantees that the efforts to expunge the defendant’s criminal record will be carried out in accordance with the rules of directness, contradictoriness, equality, orality, the right to defense and broadly understood rule of conscientiousness. This type of procedure upholds the possibility of voluntary participation of the defendant in proceedings aimed at establishing the probability or certainty of the emergence of grounds for employing exceptional appeal modes, while the restrictions, exclusion or expansion of the involvement of the defendant are regulated according to particular exceptions.