Abstract

The article contains considerations about admissibility of using and using evidence obtained by means of a prohibited act for the purposes of criminal proceedings. The principle of the Fruit of the Poisonous Tree prohibiting the use of evidence obtained in that manner has been
introduced in the United States of America. Polish law or many years have not recognizedf the need for introduction the rule Fruit of the Poisonous Tree. The doctrine and the jurisprudence helped solve the problem in casu. In 2015, as a result of the entry into force of
the Code of Criminal Procedure and some other acts of 27.9.2013 an adversarial model of criminal proceedings was introduced. New article 168a, based on the substantive law criterion, precluded the use of evidence obtained directly from a prohibited act. The period
of application of this provision was not long. There were doubts as to the possibility of establishing material truth in the course of the contradictory process, which resulted in a return to the inquisitorial model of criminal proceedings. Next amendment to the Code of
Criminal Procedure introduced the new wording of the article 168a. New content of the provision allows the use of evidence obtained contra legem, although it provides three exceptions. The author indicates the necessity to repeal provision of the article 168a in order to return to the previous model of Criminal Procedure. The article refers also to the article 168b of Code of Criminal Procedure. The consent of the prosecutor for the use of evidence of committing a crime other than the one undergoing an operational review is a transgression beyond the subjective or objective scope of this operational control and constitutes evidence obtained contrary to the requirements of the Act, and this is evidence obtained against the law. According to the author, such regulation is correct. It increases the effectiveness of detection and prosecution of crimes. However, due to the open catalog of prohibited acts to which it applies, it is necessary to provide that it can be used only for the abovementioned offenses.