In this commentary the authors focus on the consequences and significance of the Supreme Court’s order of 10.12.2020. (I KK 58/19) for the activities of law enforcement agencies and the administration of justice. They also present selected positions of the Supreme Court on the interpretation of Article 233 § 1a of the Criminal Code. They present the argumentation of the Supreme Court and subject it to a critical analysis. In the next part, they point to the status of the actual perpetrator questioned as a witness and discuss the dangers of failing to respect the guarantee of the right to defence resulting from an incorrect interpretation of the provision of Article 233 § 1a of the Criminal Code. In conclusion, they also present a proposed model for the authorities to act in connection with the ruling.