Procedural conditions for admitting evidence from the testimony of a crown witness in Polish criminal procedure

Abstract

The procedural criminalistic institution of a crown witness is one of the most effective mechanisms for combating organized crime at the disposal of the justice system. The aim of this article is to analyse Article 3 of the Crown Witness Act, which presents a collection of obligatory and facultative conditions that a suspect must fulfil in the process of applying for the status of a crown witness. This provision can be seen as a complement to the definition in Article 2 of the aforementioned Act. In the text, the author discusses the issue of the content of statements made by the accused, who is seeking to obtain the status of a crown witness, as well as the mechanism that obliges them to provide testimony in court. Additionally, the facultative condition of the suspect's commitment to returning any financial benefits derived from the crime or fiscal offense and compensating for damages incurred as a result of its commission is explored. The considerations are based on available literature and current legislation. The author also refers to court rulings concerning the discussed provisions and the line of jurisprudence related to the assessment of testimony provided by a crown witness.