Commentary on the Judgment of the Supreme Court of 18 March 2015 (Ref. No. II KK 318/14)
Journal Title: Białostockie Studia Prawnicze - Year 2016, Vol 0, Issue 21
Abstract
Envisaging an unconditioned prerequisite of reading aloud a testimony of a witness who resides abroad, the provision of Art. 391 § 1 of the Code of Criminal Procedure does not make the application of this possibility depend on any additional conditions such as, e.g., a long period of residence abroad and the importance of such evidence being read aloud to the pending proceedings, which does not exempt the court from a duty to establish whether the witness’s residence abroad is a real impediment to implement the principle of immediacy. Th e fact that a witness resides abroad should be treated as a suffi cient prerequisite to read aloud his or her testimony given in preparatory proceedings only if his or her examination before the court is impeded in a way comparable to impossibility of serving him or her with summons or with other insurmountable obstacles.
Authors and Affiliations
Andrzej Sakowicz
Keywords
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- EP ID EP342905
- DOI 10.15290/bsp.2016.21.16
- Views 47
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