Gloss to the decision of the Supreme Court of 15 January 2020, I KZP 10/19

Abstract

The commented judgment concerns the issue of criminal liability for false testimony under Art. 233§1a of the Penal Code, in the context of its impact on the understanding of the rights of the defence. The author of the gloss is critical of the position that the amendment of 11 March 2016, Art. 233§1a of the Criminal Code, does not raise any doubts as introducing "(...) only the privileged type of the crime of perjury".

Existing doubts about the nature and scope of the new regulation may not only affect the content of the rights of the defence but, more importantly, result in a harmful practice of law enforcement agencies convinced of the "instructional" nature of the Civil Procedure Code Art. 313.