The functioning of the justice system has long remained one of the central issues of criminal law and its practical application. The starting point of the article is the assertion that the “disease of the justice system” is not an abstract concept but rather a reflection of specific systemic and institutional deficiencies that manifest themselves both at the legislative level and in prosecutorial and judicial practice. The author focuses on selected institutions of substantive and procedural criminal law that were intended to improve the efficiency of proceedings but in practice have become sources of pathologies—most notably absorptive discontinuation and suspension of proceedings (Article 11 of the Code of Criminal Procedure), psychiatric observation, involuntary manslaughter (Article 155 of the Criminal Code), and grievous bodily harm resulting in death (Article 156 of the Criminal Code).
The article is based on case-file studies conducted at the Institute of Justice in 1999–2013 and on the author’s extensive professional experience as a prosecutor. These empirical studies, covering representative samples of prosecutorial and judicial cases, made it possible to identify recurring errors in criminal prosecution practice and to formulate general conclusions. The empirical analysis leads to the hypothesis that, in many instances, decisions of law enforcement authorities and courts tended toward mitigating the liability of offenders while simultaneously disregarding the rights and interests of victims.
The analysis further concludes that the justice system will not regain public trust without systematic updates of research, the incorporation of the most recent empirical data, and the introduction of legislative solutions to eliminate existing gaps. The article also raises lex ferenda questions regarding the need for a clearer demarcation between disciplinary and criminal liability of justice system officials, as well as for more effective mechanisms of oversight and accountability. In this sense, the text constitutes a contribution to the ongoing debate on institutional reform aimed at preventing the further deterioration of the “disease of the justice system”.
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