Open AccessZgoda na korzystanie z aparatu telefonicznego przez tymczasowo aresztowanego w świetle rozporządzenia Ministra Sprawiedliwości z dnia 22 grudnia 2016 roku
Author(s) -
Aleksandra G. Florek
Publication year - 2018
Publication title -
problemy prawa karnego
Language(s) - English
Resource type - Journals
eISSN - 2353-9712
pISSN - 0208-5577
DOI - 10.31261/ppk.2018.02.01
Subject(s) - legislator , law , economic justice , political science , statutory law , order (exchange) , state (computer science) , business , legislation , finance , algorithm , computer science
The present work discusses the problems associated with the limiting of the rights of a temporarily arrested person in the light of the regulation of the minister of justice issued on 22 December 2016. In the statutory act of law, i.e. the provision Art. 217 c §2 kkw, the legislator regulated the substantive limitations associated with the use of a phone by the person who was temporarily arrested. However, the solutions contained in the regulation of the minister of justice which was instituted, and more specifically §25 of this document, introduce substantive limitations. As a consequence, a situation is brought about in which the rights of an individual are limited in a lower-order legal act, which infringes the constitutional values of a state of law. Moreover, the article presents an interpretation of the provisions Art. 217 §2 kkw and §317 of the regulations of the minister of justice issued on 23 December 2015 – The rules and regulations of the operation of the courts of law and §190 of the regulations of the minister of justice issued on 7 April 2016 – The rules and regulations of the internal operation of the common organisational units of the public prosecution service.