Acta Iuris Stetinensis

The present study is dedicated to the analysis of the provisions of Art. 249 § 3a and Art. 313 § 1a of the Code of Criminal Procedure, which came into force following the adoption of the amending act of July 7, 2023, amending the Act - Code of Civil Procedure, the Act - Law on the Organization of Common Courts, the Act - Code of Criminal Procedure, and some other acts. The subject of the study was to examine the justification for expanding the two-element catalog of cases of issuing a decision to present charges without announcing and interrogating the suspect, as well as applying a preventive measure. The aim of the study was to examine the consequences, both currently and in the future, of introducing new exceptions to the model construction of presenting charges under Art. 313 § 1 of the Code of Criminal Procedure in the form of waiving interrogation due to health condition, intoxication, or drug influence. These premises also required a broader analysis conducted by the author. Consideration was also required for the relationship between the amended provisions. As a result of the introduced amendment, in the case of temporary arrest in preparatory proceedings, it is systematically assumed to deprive the suspect of liberty without bringing them before the court, which violate the standard of habeas corpus, which is one of the foundations of the European Convention on Human Rights. The subject of the research work was also to present the course of a detention hearing in the situation specified in the aforementioned provisions, especially the implementation of the right to defense, which the legislator partially realized by introducing the participation of defense counsel in the court hearing. The author analyzed the subject of the study against the background of judgments of European tribunals and common courts and using available literature and commentaries using the formal-dogmatic method. Confronting the views of doctrine and European standards concerning human rights allowed the author to present the consequences of the legislator's decision to change the legal status based on Art. 249 and 313 of the Code of Criminal Procedure, as well as the lack of systemic consistency between the new regulations and the existing ones regarding the application of temporary arrest to the wanted list (Art. 279 § 3 of the Code of Criminal Procedure).