Modele oskarżania w państwach systemów common law i systemów prawa kontynentalnego

This article analyses the model of criminal prosecution, using selected regulations typical of countries with common law systems and countries with continental systems as examples. Four key aspects are distinguished within the framework of the analysis: competence; deontic discretion in the subjective and internal sense; discretionary control; and finally, the element related to disposition. Other features of the procedural models remain in the background of the considerations, primarily relating to the principles of legalistic opportunism, truth and adversarialism, as well as the structure of the process (especially stadiality). The study aimed to determine the extent to which prosecution models are subject to hybridisation, and whether they are susceptible to reception in a competitive model.