The institution of the so-called “small crown witness” in the light to the amendments to the criminal law of 7 July 2022

Abstract

The article analyzes the problems of the institution of the so-called “small crown witness” in the polish legal order against the background of the amendment to the criminal law of July 7, 2022. This institution is so significant importance in the context of the fight against organized crime. The commented legislative change makes the application of the institution described in Article 60 § 3 of the Penal Code conditional on a prior request by the prosecutor in this regard. The purpose of the article is to argue that the change in question in the content of Article 60 § 3 of the Penal Code, as well as the entire construction of the so-called obligatory application on the grounds of the polish Penal Code raises considerable constitutional doubts related to the obligation provided for in the Constitution of the Republic of Poland for the administration of justice exclusively by the courts. The author also draws attention to the negative impact of the July 7, 2022 amendment on the implementation of the procedural principle of equality of the parties to the proceedings.