Prywatne nagranie zawierające oświadczenia uczestników procesu karnego. Zarys problematyki

Maciej Fingas

Abstract

The paper analyzes the issue of the admissibility of the use of recordings in criminal trials, on which statements or fragments of conversations of persons who may be heard as an accused or a witness were secretly recorded. Discussing this matter, the author has presented, among others, the case law of civil and criminal courts, the consequences of amending art. 393 § 3 c.c.p., the issue of illegal private evidence (in the light of the regulation of art. 168a c.c.p., as well as constitutional and international law), the question of the possible application of art. 174 c.c.p. in the case of carying out evidence from secret recordings at a trail. Some of the considerations were also devoted to determining whether the conditions under which recordings were made were important, because certain methods of obtaining information, such as torture, should be unacceptable, regardless of whether they are used by a state official or by a private person.
Author Maciej Fingas (FLA / DCPC)
Maciej Fingas,,
- Department of Criminal Procedure and Criminalistics
Other language title versionsPrivate recording containing statements of participants of the criminal process - an outline of the issues
Journal seriesForum Prawnicze, ISSN 2081-688X, (B 11 pkt)
Issue year2017
No3 (41)
Pages40-61
Publication size in sheets1.05
Keywords in Englishcriminal procedure, private recording, private evidence
URL http://www.forumprawnicze.eu/pdf/41-2017.pdf
Languagepl polski
Score (nominal)11
ScoreMinisterial score = 11.0, 09-05-2018, ArticleFromJournal
Ministerial score (2013-2016) = 11.0, 09-05-2018, ArticleFromJournal
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