WYJĄTKI OD ZASADY BEZPOŚREDNIOŚCI W SPRAWACH O WYKROCZENIA
EXCEPTIONS TO THE PRINCIPLE OF DIRECTNESS IN OFFENCE CASES

Summary/Abstract: The author of this article presents exceptions to the principle of directness in the law of off ences. The purpose of the paper is to analyse the possibility of making fi ndings in accordance with the principle of material truth without the necessity of direct questioning during the proceedings, including basing the fi ndings on written statements. The conclusions were based on an analysis of the applicable legislation, doctrinal views, case law and the author’s experience in adjudicating misdemeanour cases, and thus a heuristic method was used in the research process. The above analysis made it possible to establish that exceptions to the principle of directness in misdemeanour proceedings do not constitute a form of restriction of the principle of material truth. They contribute to safeguarding the interests of the participants in the trial, including the right of defence, as they provide an opportunity to take a position on the case not only through direct questioning before the trial authorities, but also by sending written explanations, which makes the trial fair.

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