Zeznania świadków a pewność moralna sędziego w sprawach o nieważność małżeństwa
Witnesses’ testimony and moral certainty of the judge in cases regarding the nullity of marriage

Summary/Abstract: The judge passes a sentence in the cannonic proces after gaining so called „moralis certitudo(moral certainty). One of the elements that the judge uses in gainig the moral certainty isthe body of evidence collected in the cannonic proces, for instance testimony of witnesses.Witnesses are called on the grounds of calling decree which is issued by the leading judge.Interrogation of witnesses is based on a set of previously prepared questions. The aim is togain proper information. A very important issue that influences the moral certainty of thejudge are not only the answers of the witness but also the form of the answers. They cancotntribute a lot to the case. Modern psychology has instruments that can verify honestyand truthfulness of the testimony That is why the final assesment of all the evidence isthe responsibility of the leading judge and all the body of judges which is responsiblefor the sentence. Difficulty in gaining the moral certainty can be that the judge gains themoral certainty but the deliberate missinforming by the witness can cause that the judgedo not gain unbiased truth.

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