Odpowiedzialność karna osoby sporządzającej fałszywą opinię prywatną dla celów procesu karnego
Criminal Liability of a Person Preparing a False Private Opinion for the Purposes of a Criminal Trial

Summary/Abstract: With the amendment to the Code of Criminal Procedure introduced by the Act of 27 September 2013 amending the Act - Code of Criminal Procedure and some other acts (Journal of Laws of 2013, item 1247, as amended), the legislator changed Art. 393 § 3 of the Code of Criminal Procedure, introducing the possibility of using a private opinion in the course of criminal proceedings. Such a possibility may result in the appearance of unreliable and false private opinions in the evidence. In this context, the aim of the article is to answer the question: can the author of a false private opinion used in criminal proceedings be criminally liable for drawing up such an opinion under Art. 233 of the Penal Code, and if so, what is this liability conditioned by? The article presents the results of a nationwide survey conducted among judges of criminal departments, and an analysis of the premises of the offence Art. 233 § 1 or 4, 4a of the Criminal Code. The article contains de lege ferenda conclusions.

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