System gwarancji interesów ofiary przestępstwa we współczesnym polskim procesie karnym

Abstract

The article’s main focus is to analyse different regulations of the polish penal code and code of criminal procedure in order to point at the most important elements of the system of the protection of crime victim’ interests during criminal proceedings. First of all, one of the aim of preparatory proceedings is to identify injured person and appraise the damages. Moreover, according to the article 2 of the code of criminal procedure, authorities conducting criminal proceedings are obliged to take into account the interests of injured party. Under the code of criminal procedure, there are many regulations, which grant rights to victim of a crime. At first, they are connected with instituting the investigation (i.e. motion for prosecution, complaint of refusal to start proceedings, complaint of discontinuance of investigation). Furtheremore, these regulations allow injured party to participate in agreement with offender and because of them injured party can affect the punishment. According to the article 53 of the penal code, court is obliged to take into account results of agreement of the parties. There are also regulations, the aim of which is to satisfy compensation claim of the injured party. Civil claim and duty of reparation of damages are the most important forms of restorative justice.