Access to Case Records During Criminal Investigation Proceedings: A Contribution to the Debate Concerning the Deformalisation of Criminal Procedure

Abstract

Proper knowledge of the content of criminal investigation proceedings files is crucial for the correct implementation of the rights and obligations of the parties to criminal proceedings, and above all allows for the elaboration of an appropriate defence scheme for the suspect or already charged person. Therefore, ease of access to case files at every stage of the proceedings plays a crucial role. Access to the case files is linked to the guiding principles of criminal procedure in the Polish legal system. The purpose of this article is an analysis of access to case files within criminal investigation proceedings in the context of demands for the deformalisation of criminal procedure. The author presents current legal requirements and case law, drawing attention to their practical consequences for the parties to the proceedings, especially the suspect or charged person and his defence attorney. The article also attempts to answer the question whether broader and more automated access to the content of criminal investigation proceedings files at every stage of the proceedings can contribute to improving the adversarial process and transparency of criminal investigation. The analysis leads to the conclusion that electronic access to the content of criminal investigation proceedings files at the stage of court proceedings facilitates to a significant extent the parties in exercising their rights and also improves the work of court administration employees.