Próba oceny prawnokarnych skutków fałszywych wyjaśnień na tle prawa do obrony

Abstract

The paper deals with the issue of the legal consequences of a false statement given by the accused in criminal proceedings. The author presents positions expressed in this matter in the literature and jurisprudence. He then presents and justifies his own view. He believes that a false statement by the accused is not criminally prohibited, because there is no such type of offence. However, such behaviour is unlawful. It is true that this is a kind of defence, but it is not the execution of the right to defence. Nevertheless, it does not appear that the false statement could result in an intensification of the penalty or in the use of a preventive measure in the proceedings (for example temporary custody). It is undoubted, however, that false statement resulting in defamation or false accusation may lead to criminal liability.