EMERGING

EMERGING MARKETS:
A Review of Business and Legal Issues
preventing them, and also 2) he/she has to undertake to give true and in-depth testimonies in
court. Furthermore, only optionally can one demand that this person undertakes to return the
profits achieved from the crime or to repair the damage caused by this crime 1 .
However, the negative prerequisites have been comprised in Art. 4 of the Act, saying
that no person who 1) has attempted to commit or has committed the crime of homicide or
has cooperated in committing such a crime; 2) has urged other people to commit a prohibited
act, determined in the abovementioned Act, in order to point the criminal proceedings against
those people; 3) has been leading an organized group or gang aiming at committing a revenue
offence; can apply for being granted the status of the crown witness.
Procedure for allowing the evidence from the crown witness’ interrogation
Only the prosecutor, personally conducting the investigation or inquiry, or supervising
the preparatory proceedings in a case, in which there are grounds for applying the institution
of the crown witness, with the National Public Prosecutor’s prior consent, is the subject
entitled to submit to the district court, proper in terms of the place of conducting the
preparatory proceedings, a motion on converting the trial status of the offender. In the cases
liable to the military courts’ judicature, the articles of the analyzed Act are appropriately
applicable, in addition to which the permission for putting forward a motion is granted by the
Chief Military Prosecutor 2 .
Only when positive prerequisites are fulfilled, with a simultaneous lack of any
negative prerequisites, can the prosecutor submit a motion to allow the evidence from the
witness’ testimonies.
Apart from the requirements that every written statement of claim shall meet, the
prosecutor’s motion to allow the evidence from the witness’ testimonies has to contain
arguments for the need for allowing the evidence of this kind in a given case. The prosecutor
is also bound to prove that he/she has fulfilled the prerequisites enumerated in Art. 1 and 3 of
1 Ewa Kowalewska-Borys, Świadek koronny, Zakamycze 2004, p.97
2 Bolesław Kurzępa, Świadek koronny, Toruń 2005, p.131
Page 145 Volume 1, April 2009