Articles

Vol. 127 (2021)

Do the anticipated changes in Polish criminal proceedings have to involve far-reaching limitation of the principle of direct examination of evidence?

Pages: 335-349

PDF (Język Polski)

Abstract

The principle of direct examination of evidence plays a crucial role in criminal proceedings. Rules derived from that principle affect the realization of the substantive truth principle because they indicate what types of evidence should be assessed by the court in order to determine which facts are true. This article discusses the scope and role of the principle of direct examination of evidence. Moreover, the changes in criminal procedure provisions regarding the functioning of this principle that occurred in recent years are analyzed and assessed. The study also presents possible threats to the proper functioning of Polish criminal proceedings associated with further extension of the direct examination of evidence principle.