<\/p>\n
In the light of the amended law, a judge will not take part in conducting evidence, but \u2013 apart from few exceptions \u2013 will decide on the basis of evidence and information presented by the parties. Until now, with no engagement on the part of the prosecutor, the court had to find evidence to the benefit of the accusation.<\/p>\n
\u201cThis is why, from the perspective of the accused, it seemed like the defence counsel was defending, the prosecutor was doing nothing, and the court was looking for evidence to his disadvantage,\u201d says advocate Miko\u0142aj Pietrzak. \u201cI think that after the reform it will be easier to ensure the procedural safeguards which the accused is entitled to on the basis of the Constitution and the European Convention on Human Rights. Whether it is easier to sentence or acquit will depend on the evidence,\u201d he adds.<\/p>\n
The amendments to the Code of Criminal Procedure widen access to a lawyer, which will be common and on demand. However, the new provisions do not raise lawyers\u2019 fees. \u201cThe fees were left at the same level as 12 years ago. Lawyers conduct court-appointed cases led by their sense of duty and mission. They conduct them thoroughly and reliably, but also with some bitterness,\u201d says advocate Miko\u0142aj Pietrzak.<\/p>\n
New provisions also introduce a prohibition on the use of illegally obtained evidence. According to advocate Miko\u0142aj Pietrzak, this is a revolutionary change, but it can cause numerous complications in the future. \u201cThe provision is formulated in such a way that evidence advantageous for the accused, but obtained as a result of a crime, can be inadmissible,\u201d he explains.<\/p>\n
Finally, the amended legislation also strengthens the position of the victim in the proceedings. \u201cThe victim gains a very strong position against the accused. A possibility was introduced of a compensatory discontinuation of proceedings, so a type of discontinuation in not very serious crimes, on condition that the damage was mitigated,\u201d says advocate Miko\u0142aj Pietrzak.<\/p>\n