Criminal law aspects of dealing with the so-called difficult material evidence in the Polish legal system

DOI: 10.5176/2382-5642_FSCR15.12

Authors: Aneta Lyzwa, Bogdan Guzinski

Abstract: This paper is dedicated to the issues of dealing with the so-called difficult trial evidence, namely objects and substances posing a threat to life or health, on the basis of Polish criminal proceedings. The authors focus on legal regulations which should be followed by authorities empowered to dispose of objects and substances referred to in the course of preparatory proceedings. The attention focuses mainly on the powers vested in this respect to the police, due to the fact that in practice it is Police which is mostly responsible for securing, storing, and sometimes disposal of such evidence. On the basis of Polish legislation a number of legal acts is identified which contain norms of behaviour in relation to this type of trial evidence, yet a detailed analysis of their content leads to a conclusion that some of them are incomplete, while others raise many questions of interpretation. The paper briefly presents current solutions adopted in this respect in the Polish legal system. Moreover, authors make an attempt to identify areas that require amendments and also present proposals for appropriate changes in legislation.

Keywords: law aspects material evidence legal system trial evidence changes in legislation