The procedural position of collective entities and quasi-defendants in criminal proceedings
The author analyses the factors governing the reach of procedural guarantees for these entities and examines the procedural rights they enjoy under the Polish Constitution and key international and EU laws.
The publication proposes a constitutional, international and EU legal standard for procedural guarantees for these parties, while analysing and comparing their procedural status under the Criminal Procedure Code, the Criminal Tax Code, and the Act on Liability of Collective Entities for Criminal Offences. The author touches on issues such as the right to a defence, the presumption of innocence, and representation in proceedings.
The monograph provides extensive interpretive guidance and calls for needed legislative changes affecting the procedural stance of these entities—framing the issues and suggesting detailed normative solutions.