The justifications for judgments are an integral part of the legal system, which performs not only procedural functions but besides communication, education and social functions. The fresh changes proposed in the Code of Criminal Procedure, concerning the abolition of the work to draw up justifications on forms, have caused much controversy. The Ombudsman (RPO), Prof. Marcin Wiązek, explicitly supported the draft amendment, stressing his importance for restoring the regulation of law and the authority of the judiciary.
Position of the Ombudsman
The RPO expressed its position in the context of work on the draft amendment of the Code of Criminal Procedure submitted by Polish MEPs 2050 – the 3rd Way. The draft, inspired by the petition of the ultimate Bar Council, aims at abolishing the work to supply justifications for judgments on forms according to the model laid down in the Regulation of the Minister of Justice.
"The legislator reduced the justification to purely pragmatic and strictly procedural functions, completely ignoring the another values that the motivational part of the judgement in the strategy of law, in the state itself and in its society," said Prof. Wiązek. In his position, the RPO stressed that transparency and communication of decisions are essential in the face of the crisis of the authority of the judiciary, which Poland has been facing for respective years.
Criticism of forms
In the opinion of the RPO, the forms of justification for judgments are insufficient, especially in multi- and multi-thread cases. "The forms did not give the appropriate procedural instrument to implement the standard of the right to a fair trial," wrote the Ombudsman. He besides stated that ‘the justification form was spe-tied from the arguments, limited to the reporting role’, which prevented the court from full verifying the correct reasoning at the appeal stage.
Social impact
The Ombudsman pointed out the dehumanising nature of the forms. "The equivalency form of sentences takes the appropriate seriousness of the justification of the judge, strengthening the public in the arbitrariness of the decisions taken, hinders the communication of the court with the citizen and the remainder of the society," he stressed. The formal, method form of forms promotes the feeling of separation of judicial power from society, strengthening distance and deficiency of understanding.
Support for the Njovelling Project
The RPO supported the draft amendment by seeing it as an chance to improve transparency and communicativeness of court judgments. "In the face of the collapse of the authority of the judiciary, which the judiciary has been facing for respective years, peculiarly the aspect of transparency and communicativeness of decisions, appears to be a necessity and a peculiar challenge in terms of restoring the regulation of law," wrote the RPO.
Counterparties
Not all practitioners justice forms negatively. justice Piotr Mgłosiek advocated their maintenance, pointing to their advantages. Nevertheless, the opinion of the RPO and many lawyers points to the request for changes in this area in order to guarantee a more complete and understandable communication of judicial judgments.
Summary
The abolition of the work to draw up judgments on forms, as proposed by the draft amendment of the Code of Criminal Procedure, is simply a step towards improving the quality of justice in Poland. The Ombudsman, Prof. Marcin Wiązek, clearly pointed out the shortcomings of the current strategy and the request for changes that will contribute to restoring assurance in the judiciary and improving the communication of courts with society. The support of the RPO for the parliamentary draft amendment is an crucial voice in the debate on the future of the Polish legal system.
Legislative phase
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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RPO: Criminal procedure for reasons of judgments needs to be changed
