Problems of Forensic Sciences 2001 Vol. 47 (XLVII) 49-54
WAR OR PEACE? FORENSIC EVIDENCE VS. RIGHT TO COUNSEL AND DEFENCE IN POLISH LAW
Piotr GIRDWOYŃ
Chair of Criminalistics, Warsaw University, Warsaw, Poland
Streszczenie
Since Gross’ handbook was edited forensic science has been traditionally defined as a knowledge utilised in criminal cases by the police and the Prosecutor’s Office. Today we try to expand the description of our branch not only onto other (civil and administrative) procedures, but also characterise mentioned discipline as the most significant part of counsels’ erudition. For hundred years forensic techniques have developed remarkably, actually all of them are permanently evolving and some have been arising within last years. Therefore nowadays there is no doubt that not all examination techniques seem to be applicable to lawsuit. The judges still do not believe in some forensic techniques, not only because of their unsettled methodology but also for the sake of lawyer’s ignorance. Both Polish attorneys and expert-witnesses rather seldom cooperate with each other. They do not realise the collaboration might be mutual profitable. In the paper there will be explained some “forensic scientific” implications of right to defence and counsel in the Polish law. In this number the most important questions are:
1. Whether, and if so than – how the forensic techniques (incl. the most controversial ones like lie-detection and hypnosis) could become an evidence from a defendant’s point of view?
2. Whether, and if so than – how the expert’s examination seem to be determined by right to defense and counsel?
3. What will change in the nearest future, i.e. what are the forensic science driving at?
In the author’s opinion the third answer is the major one. In a short time indeed the attorneys will understand they have a reliable arm – knowledge, the experts will esteem their adversaries and the judges will appreciate forensic science. It will be a serious challenge for the new millennium.
Słowa kluczowe
Evidence; Proof; Right to counsel.