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Case Law K 42/07 (03/06/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Poland) - Trybunal Konstytucyiny

Date: 06/03/2008

Subject: The Trybunal Konstytucyiny, also applying the jurisprudence of the Court of Strasbourg, has stated the illegitimacy of the norms of article 156, par. 5, of the Criminal Procedure Code in the matter of access to the documentation of preliminary investigations. According to the Court, the refusal of access to such documentation is a violation of the right of defence for the accused in state of detention on remand and for his lawyer.

Parties: Commissioner for Citizens’ Rights

Original language: Polish

Classification: Justice - Art. 48 Rights of defence

Text download Polish