PRZESŁUCHANIE PREZYDENTA RZECZYPOSPOLITEJ POLSKIEJ JAKO ŚWIADKA W POSTĘPOWANIU SĄDOWYM
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Date
2002
Authors
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
HEARING OF PRESIDENT OF REPUBLIC OF POLAND AS A WITNESS IN JUDICIAL PROCEEDINGS
Abstract
The Author attempts to analyse the previous and current legal regulations concerning the
hearing of the incumbent President, beginning with the pre-war Code of Civil Procedure from
1932, which allowed for such a possibility in article 287. It is up to the President to determine the
time and venue of the hearing. This provision has never been repealed and the current Constitution
does not put a ban on it either: testifying in court does not violate the separation of powers or
balance of power, and submission to the power of a judge does not deprive the President of the
honours of the highest representative of the Republic of Poland. The course o f hearing a President
by a judge is also discussed with reference to the potentially applicable stipulations of the Code of
Civil Procedure. The Author also considers the hypothetical possibility of punishing the President
by a judge for default of appearance, disturbance of order, as well as the possibility of refusal to
testify on matters bound by the state secret, etc.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 1, s. 53-56.
Seria
ISBN
ISSN
0035-9629