O udziale pełnomocnika strony w jej przesłuchaniu w procesie kanonicznym – analiza na przykładzie kazusu
On the participation of a party’s legal representative in their examination in canonical proceedings – an analysis based on a case study

Summary/Abstract: This paper examines whether a party’s procurator can be present during the party’s interro-gation in trials before a church tribunal. The study is based on an analysis of the provisionsof the Code of Canon Law, with particular reference to canons 1534 and 1561. The authorquestions the interpretation of the diocesan court, which, in a particular case, refused theparticipation of a procurator in the questioning of a party, relying on only the literal word-ing of canon 1561. The article presents a rich argumentation in favor of the author’s positionbased on systemic and functional interpretation, pointing out the necessity of the appro-priate application of the rules on witnesses to the questioning of parties, and providesother arguments that this interpretation better achieves the goals of the canon law system,including the protection of the rights of the faithful. In addition, the article discusses thepossibility of ad hoc appointment of a procurator as an advocate, which could solve theproblem of his presence during the interrogation. The article concludes that the tribunal’sdecision not to allow an attorney to participate in the party’s interrogation was wrong.

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