PASTORAL SECRECY. ANALYSIS ON THE EXAMPLE OF SOLUTIONS APPLICABLE TO THE EVANGELICAL REFORMED CHURCH IN THE REPUBLIC OF POLAND

Abstract

The study presents and analyses solutions in common law relating to the protectionof pasto-ral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Pro-cedure, the Tax Ordinance Act and the Supreme Audit Office Act. Furthermore, the study features a presentation of internal regulations of the Evangelical Reformed Church concerning pastoral secrecy and an analysis of the case law of Polish and German courts applicable to theprotection of that type of secrecy.