Prawda w procesie karnym
The truth in the criminal procedure

Summary/Abstract: The present paper is devoted to the principle of material truth, which is considered to be one of the most important procedural rules. The basis of this principle constitutes the notion of truth. Therefore, in the first part of the paper, the contemporary meaning of this essential idea is described. The author depicts the elementary and most influential theories of truth. Particular attention was dedicated to Alfred Tarski’s conception. It has also been pointed that although it is possible, in order to use the principle of material truth, to base on non-classical definition of truth, the prevailing use is the use which is connected with the classical definition of truth. This classical definition was created by Aristotle – truth is understood by him as the coincidence of a mental impression of an event and the event itself. The second part of the paper concerns the importance of the principle of material truth in procedural system. The central issues connected with the principle of material truth are described, such as limitations in its achieving, the notion of evidence, the type of recognition which is used in criminal procedure and the meaning of argumentation in criminal procedure. The author stresses also the necessity of refusing the extreme, agnostic attitude if we want to use the principle of material truth. In addition, it has been accentuated that the principle of material truth is an important element in both classical and non-classical concepts of process, although its position in classical system is much higher. The fundamental thought of the presented text is the acknowledgment that the principle of material truth is the essential element of democratic process and it must be the basis of each verdict if we want to treat such verdict as fair.

• Details
• Contents