Amerykański proces karny w poszukiwaniu prawdy materialnej

Palestra 2016, nr 9, s. 48-61.

In this article a question has been posed if the model of criminal procedure functioning the United States of America (known also as the adversarial model of criminal procedure) aims at ruling upon true facts of a case. The analysis of existing procedural mechanisms and conditions led to a conclusion that adversarial procedure is not an effective tool of truth-finding. There are too many prerequisites that render this goal impossible to achieve, among which we can include: fact-finding by a jury (whose verdict is unpredictable), no organ interested in establishing the true account of events, no possibility to influence the evidentiary material both by a professional judge and afact-finder (jury) and finally subordinating the result of a trial (in most cases) to cunning and skills of a lawyer, and not to the strength of substantive arguments.

Współpraca międzynarodowa w sprawach o wykroczenia

Węzłowe problemy prawa wykroczeń : czy potrzebna jest reforma? / redakcja naukowa Marta Kolendowska-Matejczuk, Valeri Vachev ; autorzy Magdalena Błaszczyk [i 16 pozostałych]. Warszawa : Biuro Rzecznika Praw Obywatelskich, 2016, s. 108-130.

The Scope of Appeal on Complementarity Issues before the ICC : On the Example of the Appeal of Côte d’Ivoire against the Decision of Pre-Trial Chamber i in the Simone Gbagbo Case

The Law & Practice of International Courts and Tribunals 2016, t. 15, nr 2, s. 326-344.

On 27 May 2015, the Appeals Chamber of the International Criminal Court (icc) issued a judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber i of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo”. As a result of this decision, the path to prosecute Simone Gbagbo lies open. The Appeals Chamber confirmed the opinion expressed by the Pre-Trial Chamber that there were no obstacles in the form of national prosecutions which would exclude the icc’s jurisdiction pursuant to the principle of complementarity. This judgment is not only important from the point of view that the icc has found no basis to find the case inadmissible on the grounds of lack of complementarity, but even more so because of the procedural issues at stake. In this decision, solutions can be found that are crucial with regard to the scope and methods of appellate review before the icc.