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THE ISSUE OF ACCEPTING A REPORT OF A CRIME FROM A PERSON UNDER THE INFLUENCE OF ALCOHOL OR SIMILAR SUBSTANCES WITH RESPECT TO THE PROPER PERFORMANCE OF THE POLICE OFFICER’S DUTIES

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Prokopowicz A.

Przegląd Policyjny

2020

vol. 138(2)

291-290

eporting a crime is a mutual obligation imposed by law and special regulations on both the sender and the recipient of the infor-mation. The obligation of both parties, i.e. the reporter and the reportee, to act synergistically is aimed at eliminating the risk of inaction of law enforce-ment agencies or some kind of social consent to break the law. It is notewor-thy that the person reporting a crime is not obliged to check the accuracy of the information, as this information does not have to be objectively true, although it should be factually correct. However, there are some concerns about accepting a report of a crime and the interrogation of the reporter as a witness in a situation where a police offi cer has a justifi ed suspicion that the reporter is under the infl uence of alcohol, intoxicants, or psychotropic or psychoactive drugs. In such a situation, is it necessary to verify the state of sobriety, and is there any legal basis at all for checking the state of sobriety of such a person? Can such a person be instructed about his/her rights and obligations, and what is the responsibility of such a person in accordanc with Article 233 § 1, Article 233 § 1a and Articles 234 and 238 of the Polish Criminal Code, Act of 6 June 1997? At the beginning, it is worth noting that there is an inconsistency in the position of the judicature and the doctrine on the issue of interrogating people who are in a state of intoxication. The reason for the above should be found in the fact that the legislator did not make a fi rm decision on the admissibility of an interrogation of a person who is intoxicated or under the infl uence of another similarly acting substance by a procedural authority.The aim of this article is to fi nd the answer to the aforementioned questions and to discuss the issue of the adoption of a notifi cation of a crime with respect to the proper performance of the duties by a police officer.

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1 Przegląd Policyjny

1 2020

1 Prokopowicz A.

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THE ISSUE OF ACCEPTING A REPORT OF A CRIME FROM A PERSON UNDER THE INFLUENCE OF ALCOHOL OR SIMILAR SUBSTANCES WITH RESPECT TO THE PROPER PERFORMANCE OF THE POLICE OFFICER’S DUTIES