Prowadzenie postępowania dowodowego w czasie nieobecności oskarżonego w świetle orzecznictwa strasburskiego i nowych regulacji Kodeksu postępowania karnego zawartych w art. 378a
The right of the accused to participate in examination of witnesses in relation to the judgements of European Court of Human Rights in Strasbourg and new regulation of art. 378 (a) of Polish Code of Criminal Procedure

Summary/Abstract: Despite the right of accused person to participate in examination of witnesses is regulated in Polish Code of Criminal Procedure as an important procedural guarantee, the following amendments to this legal act have widened the catalogue of situations, in which this right may be limited. This is a result of a tendency to make criminal proceedings more effective and faster. The last regulation of such character, that was adopted on 5 October 2019, is Article 378 (a) of Polish Code of Criminal Procedure. This provision provides possibility of in absentia proceedings within the important part of criminal trial, which is hearing of witnesses. The question is follows: is this provision in compliance with Strasbourg standards of fair trial? The aim of this paper is finding the answer to such question. Article 6 of European Convention on Human Rights shall be applied directly in Polish legal system. For this reason Article 378 (a) of Polish Code of Criminal Procedure should be amended to assure rights of defence and equality of arms. The specific questions, that need to be corrected, have been analysed in this paper. After readopting and adjusting to fair trial standards, this provision will gain specific value, because it may prevent loosing possibility of direct examination of evidence by the judge panel at the main hearing.

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