The problem of effectiveness of a procedural act performed “prematurely” – a few comments in relation to the decision by the European Court of Human Rights on 13 december 2018, 21497/14 (Witkowski)

Abstract

Provisions of procedural criminal law, awarding participants of criminal proceedings with the right to perform specific procedural acts in order to elicit related procedural effects, often simultaneously specify a deadline for performing such acts. A failure to meet such a deadline as a rule leads to a negative consequence, i.e. ineffectiveness of the procedural act carried out in violation of the said deadline. The problem also occurs when making a procedural action prematurely. The article will be devoted to these issues.