Published: 2018-08-29

The Legal Nature of Private Opinions in Polish Criminal Proceedings

Błażej Boch
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2018.18.2.04

Abstract

Summary

 

In this article I address the controversial issue of the use of “private opinions” in criminal proceedings. I examine the problem largely in connection with the amendment to Art. 393 § 3 of the Polish Code of Criminal Procedure, which was introduced on 27 September 2013. The amendment has made it possible to use private documents specially compiled for application as evidence during proceedings. I start by referring to specific procedural principles pertaining to the Polish system of criminal proceedings. My next step is to discuss the relations which may occur in criminal proceedings between a “private opinion” and an opinion drawn up by a court expert. I also conduct a brief review of “private” experts and their role in criminal proceedings. This brings me to my conclusion, in which I put forward my proposals for prospective amendments to the existing provision.

Keywords:

private evidence, private opinion, private experts, expert opinion.

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Citation rules

Boch, B. (2018). The Legal Nature of Private Opinions in Polish Criminal Proceedings. Zeszyty Prawnicze, 18(2), 105–123. https://doi.org/10.21697/zp.2018.18.2.04

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