The possibility of misinformation of the prosecuting authorities by a witness in the context of the right of defense, the principle of equality before the law, the rule of law, and the fulfillment of elements of a misdemeanor of Article 233 § 1a of the Polish Criminal Code

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Andrzej Jezusek - Ph.D., M.A. in international relations, advocate

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Keywords

false testimony, the right of defense, right to remain silent, right to avoid self-incrimination

Summary

The article discusses the 2016 amendment to the Polish Criminal Code (k.k.), introducing the punishability of false testimonies given out of fear of criminal liability in the context of the witness’s right to defense, the principle of equality before the law and the rule of law. In the author’s opinion, the amendment does not meet the constitutional standard. The author also points out that concealment of certain information by a witness who is entitled to refuse to answer a question or false testimony of a person who should have been questioned as a suspect do not fulfill the elements of crime stated in Article 233 § 1a k.k.