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1

THE RIGHT TO REFUSE TESTIMONY - AN ADVERSARY OR ALLY OF THE PENAL TRIAL

100%
Rymarz K.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 4(15)
40-50
EN
Giving evidence by a witness is an obligation of everybody who is summoned by court. However, there are exceptions to this rule - one of them is the right to refuse testimony. In the Polish penal trial the right to refuse testimony has been shaped as a privilege of a witness summoned by court to testify in the case where the accused is the witness' next-of-kin. The assumption here is that thanks to this the witness does not have to choose between his next-of-kin's good and the obligation to make truthful testimony, which may result in the accused person's conviction. However, there is also another object that is protected by the right to refuse testimony, namely a penal trial. Allowing the witness to refuse testimony reduces, at least theoretically, the cases where material truth is not achieved due to false testimony. But is this aim always achieved? The purpose of this paper is to outline these problems and to look at possible benefits. The results of the conducted survey indicate potential threats to achieving truth in a penal trial. The results show that a considerable number of respondents would rather choose making false testimony to avoid suspicions as to their motives to refuse testimony.
2

OCHRANA OSOBITNÝCH ZÁUJMOV A KONTRADIKTÓRNOSŤ V PROCESE DOKAZOVANIA S UTAJOVANÝMI SVEDKAMI

100%
Bališ J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 1
56 – 66
EN
This article is focused on the issue of protecting particular interests, which interferes with the rights of the defence, when performing evidence in criminal proceedings. In special cases where the life and health of the witness or the public interest may be endangered, the law permits the limitation of the defendant‘s fundamental rights and freedoms only if certain basic conditions guarantee the fairness of the trial and minimize the interference with the defendant‘s right to a proper defence respecting the principles of the contradictory nature of the evidence process. In my contribution, I deal mainly with witness testimony obtained from a person whose identity is in the criminal proceedings confidential. I refer to the rules that have emerged from the case law of the European Court of Human Rights on how to handle a collision of special interests.
3

National Memory as a Philosophical Problem

100%
Pyszczek G.
Przegląd Filozoficzny. Nowa Seria
|
2004
|
vol. 13
|
issue 1(49)
241-255
EN
What is national memory? The author begins his reflections by focusing on collective memory in general, and he claims that national memory is a specific example of a wide case. In his opinion it is essential for collective memory to have a spokesman that can be considered a socially credible witness. The witness must identify with the group and must have the power to speak for the group. The group must develop a sense of physical distance from other groups, it must experience its unique character by perceiving how it differs from other people in virtue of their mental, social and cultural characteristics. It is also important to identify with social past.
4

Literacki kształt wspomnień o Błogosławionej Bolesławie Lament w dokumentach procesów kognicyjnego i informacyjnego

75%
Puchalska-Dąbrowska B.
Rocznik Teologii Katolickiej
|
2012
|
vol. 11
151-166
EN
The aim of the article is to present and analyse the image of Blessed Boleslawa Lament in the light of documents collected for her beatii cation procedures. The source material consists of several collections of accounts written by the witnesses of Blessed Boleslawa’s life, such as priests, nuns from the Congregation of the Missionary Sisters of the Holy Family, pupils and other people. The author focuses on dominant qualities of Bl. Boleslawa as an individual and a nun, with particular regard to a literary shape of the material under discussion.
5

VÝSLUCH NA POJEDNÁVANÍ PODĽA MAĎARSKÉHO TRESTNÉHO PORIADKU, SUGESTÍVNE OTÁZKY A OVPLYVŇOVANIE

75%
Balász E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 2
176 – 189
EN
The contribution deals with the suggestive questions, its impact on human memory and thinking and expressing. The contribution deals with the impact of the suggestive questions to evidence procedure and witness testimony in the pretrial stage before the investigative bodies and at the trial stage and appeal stage when the person testifies before the judge. The author shows how the suggestive questions may influence the perception, behavior and the testimony of the person. Based on the experience he illustrates the factual impact on the criminal proceeding itself as well on the judicial decision. The conclusions are justified by using the domestic as well Strasbourg jurisprudence relevant form the assessing the legitimacy and admissibility of the evidence. The author deals with the Hungarian legal frame of testifying the witness focusing on the legality and admissibility of gained evidence.The introduction of the contribution is a historical entrance to the legal development of criminal proceeding at the Hungarian territory. The author analyses the legal frame of the Hungarina criminal proceeding in a broader context that has been recently changed in order to speed the whole proceeding. As claimed the wishing result of the legal change shall be considered as a questionable. As concluded the author emphasizes that the witness testimony assessment shall be based rather upon scientific and empirical experience of the evaluator rather on subjective, behavioral and moody assessment that is non verified and not measurable.
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