Nielegalność uzyskania dowodów w polskim procesie karnym. Zagadnienia definicyjne
Illegally obtained evidence in the Polish criminal proceedings: definitional issues

Summary/Abstract: The article is devoted to terminological issues pertaining to one of the most controversial problems in the Polish criminal proceedings which awakens keen interest of the legal doctrine. The author presents some fundamental definitional findings relating to such terms as: “illegal evidence”, “the obtainment of illegal evidence”, “directly illegal evidence”, and “indirectly illegal evidence” based on various views expressed in this matter by the criminal procedure doctrine. While quoting the distinction into the directly illegal and indirectly illegal evidences, she postulates a more careful approach to defining the issues in question, which she substantiates by indicating Article 168 of the Code of Criminal Procedure. Resultantly, on the basis of assumed definitions of the two categories of illegal evidences, the author particularizes which of the two may constitute a ground for statements of fact and which needs to be further considered.

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