Guarantees of the truth and limitations of the truth in Polish criminal proceedings’ Cover Image

Gwarancje i ograniczenia prawdy w polskim procesie karnym
Guarantees of the truth and limitations of the truth in Polish criminal proceedings’

Author(s): Mateusz Karuga, Kazimierz Zgryzek
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Ethics / Practical Philosophy, Aesthetics, Philosophy of Law, Court case
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: the truth; truth in criminal proceedings; the guarantee of truth; truth’s limitations; principle of the truth; material truth

Summary/Abstract: This article presents considerations of the various legal institutions that make reaching the truth possible, on the other hand, those that reduce such possibility. This text also shows the influence of such institutions on cognitive possibilities of procedural bodies, as well as the advisability of the truth’s guarantees and limitations in criminal proceedings. After all, the truth is one of the values that are realized by the Polish system of criminal procedural law, and therefore the procedural law must create the possibility of reaching the truth. On the other hand, however, the truth may come into conflict with other values that are expressed by the Polish legal order, so that many times the truth must be limited or excluded for the sake of another value. The considerations are devoted to the relationship between the truth and other principles of the criminal process, institutions of the evidence law, the appellate process and procedural guarantees. This article outlines also the possible extra-legal threats for possibility of reaching the truth.

  • Issue Year: 7/2023
  • Issue No: 1
  • Page Range: 1-34
  • Page Count: 34
  • Language: Polish
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