Explication of evidentiary prohibitions on the ground of the criminal (Article 168a CCrP) and administrative procedure

• Authors: Adrian Bartha

Abstracts

EN

Prohibition of using evidence obtained contrary to the law is defined in the views of legal scholars and commentators and in the literature as the doctrine of the fruits of the poisonous tree. The aim of the paper is to discuss the subject matter of limiting the freedom of proof both on the ground of criminal procedure, especially through the lens of Article 168a CCrP (Act of 6 June 1997 The Code of Criminal Procedure, consolidated text, Dz. U. (Journal of Laws) of 2018 item 1987 as amended) and administrative procedure. The author stays convinced that the above-mentioned theory should be applied in both these types of procedures, primarily due to the constitutional right afforded to everyone to a public, fair and lawful examination of a given case by public and investigative authorities.

Keywords

EN

evidence; prohibited act; principle of legality; trial; preparatory proceedings; administrative case

• Publisher: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
• Journal: Studia Administracyjne
• Year: 2019
• Issue: 11
• Pages: 19-30

Dates

published

2019

Contributors

author

Adrian Bartha

• University of Gdańsk

Identifiers

DOI

10.18276/sa.2019.11-02

Biblioteka Nauki

1590771