False Statement and the Strategy of Defence Cover Image

Fałszywe wyjaśnienia a taktyka obrony
False Statement and the Strategy of Defence

Author(s): Paweł Dziekański
Subject(s): Civil Law
Published by: Akademia Leona Koźmińskiego
Keywords: statements made by the accused; explanations given by the accused; right to defence; limits of the right to defence; false accusation

Summary/Abstract: This article discusses the issue of explanations given by an accused person, showing their dual nature – that of evidence and that of a measure used for the purpose of defence. The author raises a question if the scope of the right to defence granted to the accused encompasses the right to lie, and takes a stand on the limits to the accused making false statements. This is followed by comments on the practice of defence counsels making use of falsehood as part of their defence strategies. The reflection has been based on the author’s own studies involving in-depth interviews made with barristers working as defence counsels.

  • Issue Year: 10/2018
  • Issue No: 3
  • Page Range: 6-24
  • Page Count: 19
  • Language: Polish
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