Zakaz dowodowy co do faktów objętych tajemnicą spowiedzi
Prohibition of proof of the facts covered by the secret of confession

Summary/Abstract: Religious freedom constitutes a multidimensional issue, both when it comes to its scope and different types of guarantees legally protecting it. The aim of the article is trying to answer the question: Does the inadmissibility of evidence of ecclesiastics’ testimonials concerning facts covered by the secret of confession in the Polish legal order sufficiently fulfill the function of a formal guarantee of religious freedom? To this end, the problem of dualism in legal protection of confession confession was analyzed. The scope of this protection was presented from the perspective of canon law and Polish law, with particular emphasis on criminal proceedings. Gaps were found in the provisions regarding this prohibition at both subjective, subjective and systemic levels, and therefore de lege ferenda conclusions were formulated. Above all, it is advisable to unify the model of this ban and extend it to pastoral secrets.

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