- Research Article
- 10.5604/01.3001.0055.2553
EXCLUSION OF THE COURT OFFICIAL FROM ACTIONS IN THE CASE
- Sep 30, 2025
- Probacja
- Rafał Łukomski
In the Polish legal system, everyone has the right to a fair and public hearing of their case without undue delay by a competent, impartial and independent court. This right is ensured by the institution of excluding judges and other judicial authorities. Due to the functioning of probation officers within the common courts, the principle of impartiality also applies to probation officers conducting proceedings against their wards. Objective assessment of the conduct of persons subject to the activities of probation officers is one of the most important ethical principles of performing the profession of a probation officer, however, the possibility of excluding a probation officer is a kind of "safety valve" to ensure the impartial course of the proceedings.Although the purpose of the institution of exclusion of a probation officer is to ensure the impartiality and objectivity of the probation officer when conducting the case, there are no uniform regulations regarding the issue of exclusion. The provisions relating to the exclusion of a probation officer in the current legal situation should be sought in three extensive legal acts: the Code of Criminal Procedure, the Code of Civil Procedure and the Code of Administrative Procedure, each time taking into account the type of proceedings conducted by the probation officer. So far, there has been no study on the issue of excluding a probation officer from acting in a case. Available publications refer to the exclusion of a judge, court, prosecutor or reporter. The author focuses on presenting the most important issues important for resolving applications for the exclusion of a probation officer.
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