Summum ius summa iniuria as a motto of recent amendmetns to criminal procedure code
DOI:
https://doi.org/10.15584/znurprawo.2018.22.9Keywords:
Cicero, summum ius summa iniuria, criminal proceedings, interpretation in conformity with the constitutionAbstract
The author, analyzing Cicero’s thought summum ius summa iniuria, points out that a formalistic application of many rules of criminal procedure, introduced by the current government, can lead to the recognition as unfair a model of criminal proceedings expressed in the statute and a criminal trial in a particular case. The author shows that the purpose of amendments was to give a public prosecutor (a prosecutor) a competitive advantage over each other parties of the proceedings and even over a court. Terefore, the author posits the interpretation of amendments in accordance with constitutional values.