This article concerns the use of the institution of the anonymous witness in relation to victims. The institution of the incognito witness – despite having been incorporated into the Polish legal system as long as thirty years ago – is used only marginally in practice.
The aim of the legislature when introducing this legal provision in 1995 was to ensure the safety of victims and witnesses who – were it not for the sense of security afforded by their incognito status – would not have given evidence for fear of reprisals from the criminal underworld. Experience to date suggests that applying this provision to victims is problematic, owing to the greater risk of their identity being revealed compared to that of an impartial witness, and due to the need to comply with formal requirements
in the decision to bring charges, the indictment or the judgment, the contents of which must include the victim’s personal details – which is in clear contradiction to the very purpose of granting the victim incognito status. The author presents a position based on an analysis of the provisions of: the Code of Criminal Procedure and the European Convention on Human Rights, as well as the case law of the Supreme Court, the ordinary courts and the European Court of Human Rights – which supports the view that the application of this legal mechanism to the victim is possible and does not contravene the
provisions underpinning the principles of a fair criminal trial.
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