There are two types of evidence in the Polish criminal procedure – personal evidence and material evidence. The first group includes explanations provided by the accused, testimonies of witnesses and expert opinions. Material evidence, on the other hand, is the second, very broad group to which we can include all items and traces that can be secured, both tangible and intangible, that are related to the crime and will help in the reconstruction of the event that is the subject of criminal proceedings. Evidence is obtained through trial and forensic activities, such as visual inspections and interrogations. These activities must be carried out in accordance with the indications of science, so that the evidence material is not exposed to damage or distortion. The correctness of the conduct of activities should be monitored by the prosecutor, and after the end of the preparatory proceedings – by the court. Traces that have been improperly obtained will not be considered reliable evidence in the course of pending proceedings.
Visual inspection is one of the most common methods of obtaining evidence. According to Art. 207 of the Code of Criminal Procedure, “if necessary, the place, person or thing is inspected. If an object may be damaged or deformed during the examination, a part of this object should, as far as possible, be kept unchanged, and if this is not possible – this condition should be fixed in another way ”. The inspection may be of people, place or things. Examination of the person or body examination that may cause a feeling of embarrassment should be performed by a person of the same sex, unless there are special difficulties. Other people of the opposite sex may only be present when necessary. The role of the visual inspection is even greater as it can be successfully performed only once. With each subsequent attempt to execute them, most traces will already be breached and they will lose their value to the court.
A search, unlike a visual inspection, is limited to searching for specific items. Although there is no high risk of obliterating other traces, as in the case of visual inspection, the search must also be carried out in accordance with strictly defined rules. Pursuant to Art. 221 of the Code of Criminal Procedure, searches of the inhabited premises can be made at night only in urgent cases. The time from 10 p.m. to 6 a.m. is considered the night time.
Thanks to the interrogations, valuable personal evidence can be obtained in the form of testimonies (in the case of witnesses) or explanations (in the case of the accused or the suspect). The guiding principle of conducting interviews is to ensure freedom of expression to the interrogated person. Only after allowing free expression, you can ask questions intended to supplement, clarify or control the statement. Importantly, if the interviewed person is under 15 years of age, the activities with his participation should, if possible, be carried out in the presence of a statutory representative or a real guardian, unless the interests of the proceedings prevent this. The interviewed person is not allowed to ask any questions suggesting the content of the statement. It is unacceptable to influence the statements of the interviewed person by means of coercion or an unlawful threat, the use of hypnosis or chemical or technical measures affecting the mental processes of the interviewee or aimed at controlling the unconscious reactions of his or her body in connection with the interview.
Disclosing and collecting evidence correctly is a difficult procedure that requires specialized knowledge and experience. However, due to the high importance of evidence in criminal proceedings, it is necessary that their acquisition takes place in accordance with precisely established rules and under the control of procedural bodies, both for the interests of the parties and the interest of the judiciary.
