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Relation Between the Right to Defence and Suspected Person Interrogation in Criminal Proceedings

suspected person the right to the defence false testimony interrogation

The purpose of this article is to demonstrate the impact of the right of the defence on the suspected person’s interrogation, and to take a stand on an issue on the definition of actual suspect and its constituent elements. The author also describes the issue of criminal liability of a suspected person questioned as a witness for giving false testimony after the amendment of the Criminal Code of 11 March 2016. The article focuses on presenting the relation between the right of the defence and the exclusion of criminal liability of a suspected person for giving false testimony, taking into account the provisions of the Polish Constitution and secondary EU law. The author analyses the regulations incorporated in the French criminal procedure and formulates postulate de lege ferenda in relation to the referred issue.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

10.34616/fiuw.2021.1.163.183

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www.fiw.prawo.uni.wroc.pl

Folia Iuridica Wratislaviensis

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