EMERGING

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<strong>EMERGING</strong> MARKETS: A Review of Business and Legal Issues the Act, namely: 1) to divulge the evidence for accepting the suspect’s participation in committing even one of the crimes listed in Art. 1 of the Act, committed in an organized group or gang; 2) to hand over the record of the suspect’s interrogation, in which the suspect has given the information that can contribute to disclosing the circumstances of the crime, to uncovering the rest of the offenders, to disclosing further crimes or to preventing them; 3) to hand over the record containing the suspect’s commitment to give in court in-depth testimonies, concerning the people taking part in the crime and other circumstances of the crime; 4) to hand over the record with the suspect’s commitment to return the benefits achieved from the crime and to repair the damage caused by this crime. The motion shall be accompanied by complete files of the preparatory proceedings. The decision to allow or refuse to allow the evidence from the crown witness’ testimonies is taken by the district court on a sitting, in a composition resulting from Art. 329 § 2 of the Code of Criminal Procedure, in connection with Art. 25 of the Code of Criminal Procedure 1 , and, thus, single-person. There is also a possibility for the offense attorney to be present, if it is demanded. The judicial inspection in the subject of allowing the evidence from the crown witness’ testimonies proceeds in two stages, each of which constitutes a state secret until the evidence from the witness’ testimonies is allowed. Stage one consists in the court’s carrying out the inspection, on the basis of the motion and the materials gathered in the case, to check whether positive prerequisites occur with a simultaneous lack of any negative ones. The conditions of the admissibility of the evidence from the crown witness’ testimonies have to be fulfilled altogether, therefore the failure to meet even one of them results in issuing the court’s ruling on dismissing the motion. However, if it turns out that all the conditions required in Art. 1, 3 and 4 of the Act are fulfilled, then the court sets about the second stage of the inspection 2 . At stage two of the proceedings the court interrogates the suspect. “The content of such explanation should be information that has previously been put forward to the body 1 Dz.U. No. 89, item 555 2 Ewa Kowalewska-Borys, Świadek koronny w ujęciu dogmatycznym, Zakamycze 2004, p.217-223 Page 146 Volume 1, April 2009
<strong>EMERGING</strong> MARKETS: A Review of Business and Legal Issues conducting the preparatory proceedings, and that can contribute to disclosing the circumstances of the crime, to uncovering the rest of the offenders, to disclosing further crimes or to preventing them. At this stage, it is also the suspect’s duty to take a stance on the previously undertaken commitment, concerning the reimbursement of the benefits achieved from the crime and the reparation for the damage caused by this crime. The information put forward by the suspect-candidate for crown witness has to be characterized by an extremely high level of probability that it may lead to sentencing the rest of the offenders.” 1 At the request of the crown witness, the court hears the case at non-public sitting. The judicial inspection ends with issuing a ruling, in the subject of allowing the evidence from the crown witness’ testimonies, within 14 days from the date of the court’s receiving the prosecutor’s motion. Only the prosecutor is entitled to an appeal against the ruling. On the discussed matter, only two kinds of the court’s decision are possible: the ruling on refusing to allow the evidence from the crown witness’ testimonies or the ruling on allowing the evidence from the witness’ testimonies. In case the court issues a ruling on refusing to allow the evidence from the crown witness’ testimonies, the suspect’s explanation put forward to the body conducting the preparatory and judicial proceedings shall not constitute an evidence, and the actions conducted on the bases and according to the procedure determined in the present Act are recognized as non-existent and the documents are liable to being destroyed. In case the court issues a ruling on allowing the evidence from the crown witness’ testimonies, the prosecutor duplicates the materials concerning the person indicated in the court’s ruling and they become the basis of separate proceedings, which is then suspended. The suspension of the proceedings lasts to the moment of the legally valid conclusion of the proceedings against the rest of the offenders, or to the moment of its obligatory undertaking by the prosecutor, in case: the crown witness has given false evidence as for the essential circumstances of the case, during the proceedings, or has refused testifying in court; has committed a new crime or a revenue offence, acting in an organized group or gang aiming at committing a crime or a revenue 1 Bolesław Kurzępa, Świadek koronny, Toruń 2005, p.133 Page 147 Volume 1, April 2009
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EMERGING

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