Sposób odzwierciedlania w protokole emocji osób przesłuchiwanych w sprawie karnej – badanie praktyki
Reflecting emotions of interviewees in interrogation protocols in criminal proceedings: an analysis of practice

Summary/Abstract: The aim of the article is to provide a summary of the analysis of files from Polish criminal proceedings concerning the fidelity of reflecting the accounts of interrogated individuals within the interrogation protocols. The research sample encompasses protocols documenting both pre-trial and court proceedings. Additionally, in accordance with Article 174 of the Code of Criminal Procedure, service notes from police officers were subject to analysis. The content of this article encompasses a description of protocol practices, including the identification of observed errors. The analysis covers two distinct types of cases, specifically those related to charges under Article 207 of the Criminal Code (pertaining to the crime of abuse) and Article 197 of the Criminal Code (pertaining to the crime of rape). These cases align with the research objectives outlined by the author. This article primarily serves a descriptive and summarizing role, focusing on the practice of legal proceedings. In a subsequent section, guidelines will be proposed for creating effective protocols in criminal cases. Notably, this article does not delve into the impact on the course of criminal proceedings concerning the reflection or lack thereof of emotional states, primarily in terms of the principles of free evaluation of evidence and immediacy. References to the principles of the criminal process will be explored in the following section.

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