Mediation discontinuation in light of the draft amendments of the Criminal Law Codification Commission
1
Law and Administration, Maria Curie- Skłodowska University, Poland
Submission date: 2025-11-20
Final revision date: 2025-11-22
Acceptance date: 2025-11-22
Publication date: 2025-11-22
Corresponding author
Cybersecurity and Law 2025;13(1):178-190
KEYWORDS
TOPICS
ABSTRACT
Objectives:
The article refers to draft amendments to the Code of Criminal Procedure prepared by the Criminal Law Codification Commission operating under the Minister of Justice. Among a number of changes concerning consensual procedures and their wider application in the practice of criminal justice, a new type of discontinuation of proceedings deserves attention. The draft provides for mediation discontinuation, i.e. discontinuation after mediation and the conclusion and execution of a settlement by the suspect.
Methods:
The author presents the premises for the new institution, exclusions from its application, and the relationship between the proposed regulations of Articles 11a and 11b of the Code of Criminal Procedure.
Results:
An important aspect of the study is the comparison of the proposed institution with solutions that have already been in place in Polish criminal proceedings over the last few decades.
Conclusions:
After conducting the analysis, the author formulates conclusions regarding the systemic assumptions of the new type of discontinuation of proceedings and presents doubts related to the practical application of the proposed provisions.
The article refers to draft amendments to the Code of Criminal Procedure prepared by the Criminal Law Codification Commission operating under the Minister of Justice. Among a number of changes concerning consensual procedures and their wider application in the practice of criminal justice, a new type of discontinuation of proceedings deserves attention. The draft provides for mediation discontinuation, i.e. discontinuation after mediation and the conclusion and execution of a settlement by the suspect.
Methods:
The author presents the premises for the new institution, exclusions from its application, and the relationship between the proposed regulations of Articles 11a and 11b of the Code of Criminal Procedure.
Results:
An important aspect of the study is the comparison of the proposed institution with solutions that have already been in place in Polish criminal proceedings over the last few decades.
Conclusions:
After conducting the analysis, the author formulates conclusions regarding the systemic assumptions of the new type of discontinuation of proceedings and presents doubts related to the practical application of the proposed provisions.
| ISSN: | 2658-1493 |
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