The Axiology of Judicial Involvement in the Preparatory Proceedings in Light of the Model of Criminal Procedure

Abstract

The article addresses judicial involvement in preparatory proceedings within continental legal systems from an axiological perspective. This stage, dominated by law enforcement, is inherently characterized by its punitive nature, secrecy, and inequality of arms, making it highly susceptible to axiological tensions. The authors’ primary objective is to demonstrate that judicial intervention serves as a pivotal instrument guaranteeing the realization of values within the criminal process, rather than merely constituting a technical oversight mechanism. Employing dogmatic-legal and theoretical-legal methods, the study distinguishes between the technical and axiological objectives of criminal proceedings. The latter is defined as the actualization of values, categorized into autotelic (human dignity, the rule of law, justice, substantive truth) and praxeological (trust, security, integrity, morality). The analysis maps out three European institutional models: the investigating judge (juge d’instruction), the judge for preparatory proceedings, and the court of competent jurisdiction (as in Poland). Functionally, this judicial presence rests upon decision-making, supervisory, and evidentiary acts. An independent court realizes autotelic values by shielding individuals
from state authoritarianism, and praxeological values by fostering public trust in the administration of justice. In conclusion, the authors formulate de lege ferenda proposals for Poland, advocating for the abolition of the redundant investigation-inquiry distinction, the expansion of judicial decision-making powers, and the introduction of a specialized judge for preparatory proceedings.