VICTIM AS A SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS Cover Image

POKRZYWDZONY JAKO ŹRÓDŁO DOWODOWE W POSTĘPOWANIU KARNYM
VICTIM AS A SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS

Author(s): Paweł Czarnecki
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Criminology, Victimology
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: victim; rights and duties of the aggrieved party; evidence; source of proof; witness; interrogation; principle respect for the dignity of the victim;

Summary/Abstract: The article discusses the postulate of increasing the victim's significance in criminal proceedings, with particular regard to the principle of respect for their dignity. At the outset, the rights and duties of the aggrieved party and the concept of source of evidence in criminal proceedings were presented. The author pointed out that the aggrieved party is only the source of information in criminal proceedings. The purpose of the article is to indicate that in a Polish criminal trial the aggrieved party does not have sufficient protection of their rights. The author presents a procedure for interrogating an adult victim and witness, interviewing a minor victim and activities involving their participation. In the final conclusions, he proposes that the provisions of the Code of Criminal Procedure should introduce an obligation to obtain consent to carry out acts of evidence involving the aggrieved party and to add a ban on the hearing of witnesses who are under 7 years old.

  • Issue Year: 2019
  • Issue No: 24
  • Page Range: 26-40
  • Page Count: 15
  • Language: Polish
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