Some remarks on guilty plea under article 335 of the Polish criminal procedure code

Abstract

The article addresses the topic of significance of the defendant “pleading guilty” in the aspect of application of the procedure under Article 335§ 1 of the Polish Criminal Procedure Code. The discussion concerns the evidential value of explanations comprising “admitting guilt” in the historical perspective and the meaning of “pleading guilty” (Article 388 of the Polish Code of Criminal Procedure) as compared with the criminal procedure legislation of 1928, 1969, 1997. It was pointed to the essence of the basis i.e. “undoubted circumstance” and the proper assessment of the evidence of “pleading guilty” on the basis of Article 335 § 1 of the polish Code of Criminal Procedure. The analysis of the issue in question was presented in the light of the views of scholars of law, Polish case law and ECHR rulings.