Until now, the position in this case was unequivocal – a witness who gave false testimony or concealed the truth because he was afraid of criminal liability, did not commit a crime. This was a guarantee of a potential suspect in the rights of the defense. The situation changed after the introduction of new provisions into the Criminal Code (entered into force on April 14, 2016). For the first time, the Supreme Court ruled on the interpretation of new provisions on January 15, 2020. Although it refused to issue a resolution, it decided to clarify the doubts arising in this matter.
In case I KZP 10/19 T. K. was accused of testifying untruth. He was advised of criminal liability for false testimony and the right to refuse to answer questions, however he was afraid of the criminal liability that would arise.
Until the entry of new provisions, it was assumed in the jurisprudence that a person who was questioned as a witness could not bear criminal liability for giving false testimony, but due to the fact that he was the perpetrator of an act, he should be questioned as a suspect. Currently, the provision of art. 233 of the Penal Code, adding to it § 1a. This provision states that the perpetrator is subject to the penalty if he testifies untruthfully or conceals the truth for fear of criminal liability threatening him or his immediate relatives. At the same time, the provisions stipulate that anyone who makes a false testimony without being aware of the right to refuse to testify or answer questions is not subject to punishment. This applies, among other things, to the situation where such a witness is not informed of his rights and obligations by the court.
The Supreme Court interprets the new rules in such a way that a witness (regardless of whether he should obtain the status of a suspect in a given case) has the right to remain silent. This is not tantamount to the right to testify falsely or withhold the truth.
The Supreme Court emphasized that the fundamental goal of the criminal trial is to bring the guilty person to criminal liability. This purpose is to be pursued even if his right of defense is contrary to him.
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