Prekluzja procesowa w postępowaniu karnym
Preclusion of the evidence in the criminal procedure

Summary/Abstract: The article discusses a new institution, unknown yet in the criminal procedure, which is the procedural preclusion (evidence preclusion), which appeared in criminal procedure in the amendment of July 2019. The publication focuses on characterizing how this institution works in civil procedure. The author is trying to answer to the question whether it is necessary in a criminal procedure and whether it will work as well as in civil procedure. The analysis of procedural preclusion is particularly based on its reference to the main principles of the criminal trial, such as the principle of material truth, the right to defence and the principle of economy and speed of proceedings. Due to the innovativeness of this institution, the article presents rather shy forecasts, the author poses many questions that can be answered only when these provisions become applicable in practice.

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