Wniosek prokuratora o umorzenie przez sąd postępowania przygotowawczego z powodu niepoczytalności sprawcy

Abstract

In the Code of Penal Proceedings of 1969, the principle was that irrespective of the reason for the discontinuance of proceedings- the discontinuance of investigation or inquiry should always be left to the prosecutor. The code of 1997 adopted another solution. It was acknowledged that in cases where the suspect commits an act in the state of insanity and there are reasons for the use of preventive measures, the prosecutor after the closure of the preparatory proceeding should approach the court with a motion of discontinuance by the court handling the pena! proceeding and the application of those means on the offender (art. 323). This type of motion is presented during the trial (hearing) as a matter of principle, and only when there are no doubts about the causation of the suspect and his/her insanity at the time the offense was committed, the president of the court can send it for reconnaissance in a session (art. 354). In the article, the conditions of management of the trial and session are elaborated in the subject of the motion, their course and the types of court decision. For the fact that the sitting is not to decide on the pena] liability but to put through the motion for the discontinuance of the proceeding, the court always decides, also during trial, with a decision. The court is not bound by the suggestions of the prosecutor about the type of means of preventive. Discontinuing the proceeding therefore means that another means than shown in the motion could be used, beside or instead of the one recommended. It is also possible for the court to forfeit only to sentencing in the case as a means of preventive. However, if the court does not see at all any need to reach for means of preventive, it should refuse the consideration of the motion and send the case to the prosecutor, for discontinuance of the preparatory proceeding without applying preventive measures. These are still in the gesture of the prosecutor. This type of transfer could also be considered, if the prosecutor successfully withdraws his motion, and if in the opinion of the court there is not any reason to discontinue the proceeding