Private Recording Containing Statements of Participants of the Criminal Process – an Outline of the Issues
The paper analyzes the issue of the admissibility of the use of recordings in criminal trials, on which statements or fragments of conversations of persons who may be heard as an accused or a witness were secretly recorded. Discussing this matter, the author has presented, among others, the case law of civil and criminal courts, the consequences of amending art. 393 § 3 c.c.p., the issue of illegal private evidence (in the light of the regulation of art. 168a c.c.p., as well as constitutional and international law), the question of the possible application of art. 174 c.c.p. in the case of carying out evidence from secret recordings at a trail. Some of the considerations were also devoted to determining whether the conditions under which recordings were made were important, because certain methods of obtaining information, such as torture, should be unacceptable, regardless of whether they are used by a state official or by a private person.