SYTUACJA PRAWNA OPIEKUNA OSKARŻONEGO UBEZWŁASNOWOLNIONEGO CAŁKOWICIE W POLSKIM POSTĘPOWANIU KARNYM PRZED SĄDEM PIERWSZEJ INSTANCJI

Abstract

Wards of court accused and charged in criminal proceedings may seek assistance o f their actual, as well as legal, guardian. The legal grounds upon which those two guardians may act differ. The legal guardian acts on the basis o f the norms contained in the code o f criminal procedure and the family and guardianship code and the code o f civil procedure, while the legal grounds binding the actual guardian, are those contained only in the code o f criminal procedure. The activities o f both guardians should attempt to achieve a more effective right to execute the defence line adopted for the ward accused of a crime. In order to ascertain whether the proceedings undertaken by the guardians are really in the best interest o f ward, tried on indictment, the criteria assessing the proceedings taken by the attorney for the defence should be revoked. Both the legal and the actual guardian are empowered to perform such activities, whose compliance with the best interest o f the accused person could be assessed in concreto, i.e. for example, a request filed for a punishment, or proceedings having an impact on the property of the accused person, such as adjudicating the recognition o f the adhesive claim or conclusion of a court settlement. It should be added that the criminal court has the supervisory function, allowing it to verify whether the activities undertaken by the legal and actual guardians of an incapacitated person in wardship are compatible with the relevant provisions. Further, there is also a custodian court that performs a supervisory function as well.