Law of Evidence at Poland
In Poland, the Law of Evidence is primarily governed by the Polish Code of Civil Procedure (Kodeks postępowania cywilnego) and the Polish Code of Criminal Procedure (Kodeks postępowania karnego), depending on whether the case is civil or criminal in nature.
Here’s a general overview of how evidence is treated in Polish law:
1. Types of Legal Proceedings:
Civil proceedings – Governed by the Code of Civil Procedure
Criminal proceedings – Governed by the Code of Criminal Procedure
Administrative proceedings – Governed by administrative law
2. Types of Evidence:
Both civil and criminal cases may use various types of evidence, including:
Documentary evidence (contracts, emails, official records)
Witness testimony
Expert opinions
Physical evidence (objects relevant to the case)
Digital evidence (emails, surveillance, etc.)
Admissions or confessions
3. Principles Governing Evidence in Poland:
a. Principle of Free Evaluation of Evidence (Swobodna ocena dowodów):
Judges in Poland are not bound by strict rules about the value of particular types of evidence. They evaluate all presented evidence freely, based on logic and experience.
b. Burden of Proof (Ciężar dowodu):
In civil cases, the party making a claim must prove it. If a party alleges something, they bear the burden of providing evidence unless the law states otherwise.
c. Legality of Evidence (Zasada legalności dowodów):
Evidence must be obtained legally. Especially in criminal proceedings, evidence obtained through illegal means (e.g., torture, unauthorized surveillance) may be inadmissible.
d. Direct and Oral Evidence:
Especially in criminal cases, there is an emphasis on direct evidence and oral proceedings, meaning that judges prefer to hear from witnesses directly in court.
4. Exclusion of Evidence:
Courts may exclude evidence that was:
Illegally obtained
Irrelevant to the case
Unnecessarily repetitive
5. Digital and Technological Evidence:
Polish courts accept electronic evidence such as:
Emails
SMS
Social media content
Surveillance footage Provided they can be authenticated and meet legal requirements.
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