The essence, manifestations and benefits of consensualism in the de lege lata Polish criminal process – selected issues against the background of the public complaint procedure

Abstract

Although consensualism is an inherent element of the Polish criminal process, there is no consensus on how to understand this phenomenon. For example, it is believed that consensualism is implemented through criminal trial agreements. It is also believed that selected normative manifestations of consensualism make it possible to isolate the principle of consensualism within the criminal process. It is also pointed out that it is possible to distinguish a model of the criminal process based on consensualism – the consensual model. The aim of this study is to present different perspectives on the perception of consensualism that can be seen in the doctrine of criminal procedural law. The article also presents selected criminal procedural institutions present in the Polish criminal process de lege years. After analyzing the above matter, an attempt was made to calculate the benefits of consensual criminal proceedings for the injured party, the accused and the justice system. It seems worth summarizing the previous considerations in the literature on the subject, as well as making an attempt to systematize this issue.