Prawo oskarżonego do odmowy złożenia zeznań w charakterze świadka w postępowaniu cywilnym i administracyjnym – spostrzeżenia na tle art. 182 §3 k.p.k.

The article addresses issues related to the right of a witness in civil or administrative proceedings to refuse to testify in a situation where the witness has been charged in criminal proceedings. In criminal proceedings, it is beyond doubt that a witness may refuse to testify altogether if he or she is accused of complicity in a crime dealt with in the proceedings pending in another case. Regardless of the construction of the contents of Article 182 §3 CPC, a corresponding right has not been formulated with respect to civil or administrative proceedings, even though a witness may be required to testify in such proceedings with regard to facts of relevance to his or her criminal liability. In practice, this may generate a situation which is in breach of the right to defence of the accused and, at the same time, a witness in other pending proceedings. It does not seem a sufficient guarantee for such a witness would consist only of the right to refuse to answer specific questions asked of him or her during the hearing.