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Resistance to a Criminal Warrant

Publication at Faculty of Law |
2023

Abstract

The article highlights selected controversial issues related to the current legal regulation of resistance to a criminal warrant. Attention is paid to the persons entitled to lodge a statement of opposition, the further procedure after lodging a statement of opposition, the possibilities of waiving and withdrawing the lodged statement of opposition, considerations of the possible bias of the judge who issued the statement of opposition and the absence of the principle of the prohibition of reformationis in peius.

The author sees the ongoing work on the recodification of the Criminal Procedure Code as a good opportunity to resolve the controversial issues related to the resistance to a criminal order and, above all, the decision-making in the same case after the filing of the resistance.