Zasada prawdy materialnej po nowelizacji k.p.k. na tle innych zasad prawa karnego procesowego
The Principle of Objective Truth After Amendment Against the Backdrop of Other Principles in Criminal Proceedings

Summary/Abstract: Polish evidentiary proceedings have significantly changed as a result of an amendment enacted in September 2013 strengthening the adversarial model of a criminal trial. The content of Art. 2 § 2 of Criminal Procedure Code, expressing the principle of objective truth, has not been changed implying that this principle will be implemented to the same extent as previously. In fact, the principle of objective truth experiences numerous restrictions through reducing its guarantees, e.g. repealing judicial obligation of taking evidence ex officio. The court was granted the right to admit and take evidence ex officio only in special cases. The authors and supporters of the amendment presume with optimism that passiveness of the court will cause activity of the parties of proceedings as far as evidentiary initiative is concerned and ipso facto will enable reaching the truth. This expectation is not likely to be realized in practice.

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