The commentary presents an assessment of the Supreme Court resolution of 9.11.2021, composed of 7 judges (I KZP 5/21), concerning exclusion of criminal liability for realisation of the right to defence of a person questioned as a witness. The commented resolution was made as a result of an extensive analysis of the jurisprudence and the literature on the subject. As such, it is of fundamental importance with regard to the exercise of the right of defence. It is extremely important from the perspective of the work of a defence counsel and attorney for a witness in criminal cases.