Changing the Rules of Access to the Files of Completed Pre-trial Proceedings – Genesis and Practical Consequences of the Amendment of Article 156 of the Criminal Procedure Code

Abstract

Pursuant to Article 3 of the Act of 20 April 2021 amending the Act – Penal Code and certain other acts, the provision of Article 156 of the Criminal Procedure Code, which regulates the scope of access to criminal case files, both at the judicial and pre-trial stages, was amended. This amendment was introduced because of the need to implement Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism. In connection with the amendment, the possibility of applying the provisions of the Act on Access to Public Information to access the files of completed pre-trial proceedings was excluded. The study presents the scope of amendments to the rules of access to the files of completed pre-trial proceedings and their practical consequences, especially in the context of the right to public information, the standard of protection of individual rights and the possibility of improving the effectiveness of the fight against terrorist crimes.