Prekluzja dowodowa w procesie karnym na przykładzie przepisu art. 170 § 1 pkt 5 k.p.k.

Abstract

The matter of these considerations is the issue of limitation of evidence in the Polish criminal proceedings,understood as restriction of the evidence due to the passage of time. As an example analysed in this study, the author has chosen the provision of article 170 § 1 point 5. kpk. which, since 2003, provides a new basis for rejecting the application of evidence, when such proposal „obviously aimes to extend the criminal proceeding”. The author’s interpretation is based on the jurisdiction of the Supreme Court. In this article the author also presents parallel legal solution and its interpretation in the German lawsuit.