No. XXIX-XXX (2008)
Articles

Review of the Monograph by dr Maria Rogacka-Rzewnicka Entitled “Opportunism and Legalism of Prosecuting Crime in the Light of Contemporary Developments in Penal Proceeding”

Andrzej Murzynowski
University of Warsaw

Published 2008-04-01

Keywords

  • review of the monograph,
  • penal proceeding,
  • prosecution of offences,
  • principle of legality,
  • procedural discretion principle

How to Cite

Murzynowski, A. (2008). Review of the Monograph by dr Maria Rogacka-Rzewnicka Entitled “Opportunism and Legalism of Prosecuting Crime in the Light of Contemporary Developments in Penal Proceeding”. Archives of Criminology, (XXIX-XXX), 853–858. https://doi.org/10.7420/AK2007-2008BO

Abstract

The subject of the article is an in-depth analysis of Maria Rzewnicka’s publication on opportunism and legalism in prosecution of crimes in the framework of the transformations of criminal law. The article focusses on the essence of this study. The author takes a global view of the phenomena in question, applying comparative law research on Western countries (mainly Germany and France) and commenting on the findings relevant to Poland. In his analysis of the text, the author draws our attention to the respective parts of the text and provides an in-depth historical outline of the changes within the framework of opportunism and legalism of criminal prosecution. Andrzej Murzynowski then recalls the historical argumentation, extensively discussed by the author of the publication, concerning the evolution of provisions on the principles of legalism in Poland between 1928 and 1998. The article also discusses the structure and division into chapters of Dr Rogacka’s study. In three structured chapters, the author presented a comparative legal analysis of states based on the principles of legalism and opportunism and indicated the transformations of the contemporary criminal trial in the context of the gradual introduction of consensualism for resolving criminal cases. A separate place in Rogacka’s work is devoted to the practice of applying the principles of legalism and opportunism in prosecuting crimes in Poland. In conclusion, Murzynowski outlines the content of the summary of the analysed article, points out the significance of the conclusions reached by Rogacka, and discusses the most important conclusions from his perspective.