Piotr Kładoczny: No Equality of Arms in Today’s Process. Prosecutor Holds More Power

Legal expert Piotr Kładoczny discusses how recent reforms have attempted to balance prosecutorial power in Polish legal proceedings.

Equalizing Roles in Legal Proceedings

To a large extent, yes. Above all, the amendment has equalized the role of the parties in the proceedings and removed regulations that allowed the prosecutor to decide, for example, in matters of arrest or bail, where he should not have such broad powers.

Implementation of Defensive Directives

Even more has been done. The amendment implements defensive directives. It introduces measures to better protect the suspect.

Informal Police Interrogations

Today it happens that police interrogate someone informally and collect information, evidence that is later used in the proceedings. This is not always reliable evidence, because, for example, someone confessed under pressure.

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