D. 48, 2, 3 and art. 332 Polish code of criminal procedure – comparative remarks

Abstract

Comparison of indictments, one of which was in force in ancient Rome and the second one currently operating in the Polish law, shows us that despite the time difference counted in hundreds of years, we can find elements common for both indictments. The Roman and Polish indictments not only have a common structure consisting of an introduction, a proper part and a signature, but above all – which requires special mentioning – they set the same requirements as to clarify the accusation and description of the violator’s behavior. It should also be noted that the Polish indictment has evolved from the German institution which had ancient Roman roots. In order to summarize – it can be concluded that Roman solutions constituted a background for the development of the indictment model which is currently in force in the Polish law.