PRAWO OSOBY POZOSTAJĄCEJ WE WSPÓLNYM POŻYCIU DO ODMOWY ZEZNAŃ (ART. 182 § 1 K.P.K. W ZW. Z ART. 115 § 11 K.K.). UWAGI NA TLE UCHWAŁY SN Z 25 LUTEGO 2016 R., I KZP 20/15
THE RIGHT OF A PERSON WHO REMAINS IN A COMMON AREA FOR REFUSAL OF VICTIMS (ARTICLE 182 § 1 OF THE PPS OF THE ECR WITH ARTICLE 115 § 11 OF THE PENAL CODE). COMMENTS ON THE LAWS OF THE SN 25.02.2016, I KPZ 20/15

Summary/Abstract: This study addresses the issues of the closest person, which is important in substantive criminal law and criminal proceedings. Article 115 § 11 of the Criminal Code introduces the definition of the sentence mentioned earlier, indicating who is one of the closest relatives. The author focuses primarily on "the person remaining in a shared life", which raises the greatest difficulties of interpretation. The previous case law of the Supreme Court recognized that under the term "a person remaining in cohabitation" should be understood persons who are in a heterosexual relationship called a concubinage. The possibility of allowing homosexual unions was therefore rejected. Everything was changed by the resolution of seven judges of the Supreme Court of 25 February 2016, I KZP 20/15, which broke up with the existing case law and allowed the possibility of treating homosexual couples as "persons living together". The author is looking for the reasons for changing the Supreme Court ruling line not only in law but also in changing social awareness.

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