Udział małoletniego świadka w szczególnych formach przesłuchania w procesie karnym
The participation of a minor witness in the particular forms of interrogation in the code of criminal proceedings

Summary/Abstract: Interrogation of a minor witness in a criminal proceedings is an action of a particular character. It requires to scale two overriding values – the principle of material truth (good of the proceeding in the broad meaning) and the protection (regard to the well-being) of the minor witness, whose psyche, because of his age is undoubtedly much less stable than in a case of an adult. The contemporary regulation of the Polish penal proceedings that tackles this matter (article 185a and 185b) completely omits two specific forms of the interrogation of a witness – display and confrontation. Though arises completely interesting issue, namely the question: if and if yes under which conditions display or confrontation may occur. Moreover, necessary becomes to point out in which conditions the display or confrontation involving the minor witness should be undertaken in order to provide him with the best protection. The Authors of this paper aim at answering the set question bearing in mind that the opinions provided are of legal nature and the psychological side of the problem is touched in a narrow way.

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