Illegal evidence in Polish criminal proceedings

Abstract

The Act dated of as 1st March 2016 has introduced for the first time in the Criminal proceedings code provisions that admit illegal evidences. Currently it is possible to use evidence which was obtained during the proceedings by violation of proceeding’s rules or as a result or forbidden act. In the last case the evidence cannot be admitted if it was obtained by public servant during his duty only when the evidence was obtained as a result of: murder, intentional bodily harm or deprivation of liberty (art. 168 a of Criminal proceedings code). Also can be included in the proceedings —by virtue of prosecutor’s decision— evidences which were obtained in the criminal proceedings due to the control and record of conversations (art. 237 a of Criminal proceedings code) or as a result of operational actions related to the person or criminal offence included in the resolution which orders control.