Published: 2022-09-14

Liability of an advocate in cases related to road traffic offenses and the right to use legal protection vested in a judge and a public prosecutor

Kornelia Grabowska-Biernat Logo ORCID

Abstract

The article analyzes the possibility of invoking by a lawyer or legal adviser the legal protection guaranteed during and in connection with the performance of professional activities. This protection guarantees the unrestricted practice of the profession of advocate or legal adviser and ensures that citizens can effectively exercise their right to defence. The author argues that the concept of legal protection cannot be equated
with the immunity guaranteed to judges and prosecutors, which results in the exclusion of liability. This position has been confirmed in the jurisprudence of common courts. In many cases concerning traffic offenses committed by advocates or legal advisers, the courts have to deal with instrumental treatment and over-interpretation of the legal protection guaranteed in the constitutional acts of the bar and legal advisers. The jurisprudence of the courts is a reaction to attempts to abuse the discussed institutions and
a manifestation of the need to systematize the meaning of the terms “immunity” and “legal protection”

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Citation rules

Grabowska-Biernat, K. (2022). Liability of an advocate in cases related to road traffic offenses and the right to use legal protection vested in a judge and a public prosecutor. Problemy Prawa Karnego, 6(2), 1–18. https://doi.org/10.31261/PPK.2022.06.02.06

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Vol. 6 No. 2 (2022)
Published: 2023-09-15


ISSN: 0208-5577
eISSN: 2353-9712
Ikona DOI 10.31261/PPK

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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