Principle of directness

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Principle of directness - one of the princi- ples of criminal procedure, which is the directive addressed to the judicial authorities. In the Polish procedural proceeding it consists of the principle of exclusivity of the hearing resulting from Art. 410 k.p.k., ie the order to base judgments of the court on the basis of all evidence gathered at the main hearing and two aspects: formal and material. The formal aspect is that the litigant should personally come into contact with the evidence. The material aspect requires that the course of events be determined on the basis of original evidence, that is, from a source having direct contact with the reported fact. The opposite of such evidence is derived evidence, that is, those that have already gone through several sources.

This principle is not expressly stated in the Polish Code of Criminal Procedure, but it is undisputedly recognized as the leading procedural principle in the case law of the Polish common courts and by the representatives of the Polish criminal procedure. It is interpreted from several provisions of the Code of Criminal Procedure. Art. 7 k.p.k. Instructs freely to develop beliefs on the basis of all evidence, including, inter alia, to indicate the knowledge and experience of life which give primacy to primordial evidence. Another provision which gives priority to the use of primitive evidence is Art. 174 k.p.k. Prohibiting the substitution of the defendant's explanations and testimony of the witness with the contents of the letters, notes and official notes, which is a derivative. Art. 92 and 410 k.p.k. Instructs the authorities and the court to base their decisions on the whole of the circumstances established in the course of the proceedings.

From the principle of directness there are a number of derogations allowing the use of derived evidence. These are listed in art. 398, 391-393a k.p.k. witnesses 'testimony, other witnesses' evidence, such as inspection reports, detention, expert opinions, criminal records, environmental interview results, and the reading of the transcript and the reproduction of audiovisual recordings. > Bibliography

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