The Rights and Duties of Witnesses in the Process Law of the Catholic Church Cover Image

Prawa i obowiązki świadków w prawie procesowym Kościoła Katolickiego
The Rights and Duties of Witnesses in the Process Law of the Catholic Church

Author(s): Ks. Piotr Kazimierski
Subject(s): Systematic Theology, Pastoral Theology
Published by: Kuria Metropolitalna Białostocka
Keywords: witness; Code of Canon Law; canonical process; testimony

Summary/Abstract: Witnesses called in the canonical process have a number of rights and obligations. Witnesses legally questioned by the judge, should tell the truth. It is a duty to testify completely concerning facts which are the subject of the investigation and serve to discern the case. However, from the obligation to answer are exempt members of the clergy in respect to those facts that they shouldn’t disclose because of their sacred ministry, civil officials, doctors, midwives, lawyers, notaries, and others bound by official or professional secrecy, even by reason of advice given, in respect to matters covered by this secrecy, and those who because of their testimony are afraid of defamation, bad treatment or other serious bad results with respect to oneself, one’s spouse, close relatives or in-laws. Witnesses may be called upon first of all by the parties concerned. The plaintiff gives witnesses to substantiate his/her claim, the defendant – in order to counter that claim. Witnesses may also be called upon by the defender of the bond or the promoter of justice, if they are taking part in the process. Witnesses can also be called upon by the judge, in matters concerning the public good, and if necessary to avoid the danger of unfair judgment.

  • Issue Year: 33/2015
  • Issue No: 1
  • Page Range: 417-432
  • Page Count: 16
  • Language: Polish
Toggle Accessibility Mode