Prawo do rzetelnego procesu a dopuszczalność dowodu uzyskanego z naruszeniem prawa w postępowaniu karnym

Abstract

The following article constitutes an evaluation of Article 168a of the Code of Criminal Procedure after the amendment of March 11, 2016, in the context of the standards of a fair and public trial, formulated according to the regulations of the Constitution of the Republic of Poland and the European Convention on Human Rights, including the case law of the Supreme Court and the Constitutional Tribunal. Taking into account the risk of misuse resulting from the current formulation of the analyzed regulation, the author regards courts as the guarantors of the preservation of the standards of a fair and public trial regarding the admissibility of evidence obtained unlawfully in criminal proceedings.