Questioning of persons - national proceedings

Poland

Poland - Code of Criminal Procedure 1997 (2003) EN

Article 171. § 1. The examined person shall be granted the opportunity to express himself freely within the framework designated by the purpose of the action in question, and only afterward may he be examined in order to complete, elucidate, or verify the statement presented.

§ 2. Apart from the agency which conducts the examination, the parties, defence counsel, legal representatives and experts also have the right to examine. Questions are presented directly to the person under examination unless otherwise ordered by the agency.

§ 3. Questions suggesting an answer to the examined person shall not be allowed.

§ 4. It shall be inadmissible:

to influence the statement of the examined person through coercion or unlawful threat,

to apply hypnosis or chemical or technical means affecting the psychological processes of the examined person or aimed at influencing unconscious reactions of his organism in connection with the examination.

§ 5. The agency which conducts examination shall dismiss questions specified in § 3 as well as any questions which it finds irrelevant.

§ 6. Explanations of the accused, testimony or statements given or made under conditions precluding the possibility of free expressions, or obtained against the prohibitions specified in § 4, cannot constitute proof.

Article 172. The examined persons may be submitted to a confrontation in order to clarify contradictions. The confrontation is not allowed in the case specified under Article 184.

Article 173. § 1. The examined person may be shown another person, his picture or a material object to identify. The presentation shall be conducted in a way precluding suggestion.

§ 2. When necessary, the presentation of another person may be also be conducted in the manner precluding identification of the examined person, by the person identified.

§ 3. During the presentation the person presented for identification should be in a group comprising at least four persons.

§ 4. the Minister of Justice in consultation with the Minister of Internal Affairs and Administration will issue an ordinance setting forth the technical condition for conducting the presentation.

Article 174. The contents of documents and notes shall not be substituted as evidence for the explanations of the accused or for the testimony of witnesses.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;