Glosa do wyroku Sądu Najwyższego z 27 lutego 2020 r., sygn. akt V KK 80/19, dotycząca oddalenia wniosku dowodowego o ponowne przesłuchanie małoletniego
Gloss to the judgment of the Supreme Court of February 27, 2020, file ref. V KK 80/19 concerning the dismissal of an evidentiary motion to re-examine a minor

Summary/Abstract: This commentary aims to show the reasons for the need for the court to assess in each case the legitimacy of the defendant’s request to re-examine a minor victim. The main part of this study focuses on indicating the conflict between the principle of material truth, the exercise of the right of defence by the accused and the protection of the minor victim from secondary victimisation. The thesis has been formulated that the basis for dismissal of the request for the evidence should be constituted by Article 170 § 1 point 4 of the Code of Criminal Procedure, which should be similarly applied to the situation in which the opinion is drawn up by an expert in psychology or psychiatry indicates that re-examination may with a high probability harm the mental health of the minor. In the situation where the expert opinion is unequivocal in its conclusion that there are significant psychological obstacles to the participation of the minor covered by the interview, the request for re-examination of the victim shall be refused, relying on the expert opinion indicating the fear of exposing the child’s psyche to the trauma which such an interview may cause. The author approving the view expressed by the Supreme Court states that this situation requires the obligatory use of an expert opinion of a psychologist, and in special cases also of an expert from another field.

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