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ANALYSIS OF CRIMINAL LIABILITY OF A WITNESS WHO IS A PERPETRATOR OF A PROHIBITED ACTION FOR GIVING FALSE EVIDENCE (ARTICLE 233 § 1A OF THE PENAL CODE) IN VIEW OF INTERNATIONAL LEGAL REGULATIONS

Jan KLUZA1

Selected Interantional Aspects of Legal Regulations

Publication language: Polish

Journal article

Transformations No. 2 (109) 2021 Publication date: 22 June 2021

Article No. 20210622183657810

Keywords: rights to defense, false statement, concealing the truth

Abstract The article presents the problems of the amendment article 233 criminal code, respecting crime of false examination. On the ground of this act, catalog of this prohibited act was extended to include a new type consisting in the situation of making false statements or concealing the truth in order to avoid criminal liability, which until now was a situation excluding punishment. Therefore, it is justified to carry out a closer examination of this issue in terms of restricting the defense rights of the accused and the similarity of this regulation in selected foreign states.

  1. Katedra Postępowania Karnego, Uniwersytet Jagielloński w Krakowie, Kraków, Polska

    ORCID: 0000-0002-0929-6093

    E-mail: jan.kluza@student.uj.edu.pl