Evidence in special and ‘consensual’ criminal procedures – an outline

Abstract

The paper examines the peculiarities of evidence in sc. “postępowania szczególne” (special procedures) in Polish criminal process, as well as in the procedures containing the element of the mutual concessions (e.g. art. 335 of Polish Criminal Procedure Code). Some assumptions of the Weberian bureaucracy theory are applied here. Review of the specific evidentiary regulations in the procedures under scrutiny lead to some findings on the way the evidence influences particular procedures. Final conclusions are focused on the trends to be seen in last half of the century in Polish criminal procedure.