http://hdl.handle.net/11089/4675 2026-04-04T04:19:59Z 2026-04-04T04:19:59Z Izydorczyk, Jacek http://hdl.handle.net/11089/4755 2021-10-07T09:11:36Z 2014-01-01T00:00:00Z

Prawda w procesie karnym Izydorczyk, Jacek The article Truth in criminal trial points out great importance of facts in every criminal procedure. The author presents a new look at some legal regulations in Poland. For example he strongly criticizes laws (and practice!) which forbid disclosure of a criminal’s personal data. It is just unfair towards decent citizens because they might be future victims of such criminals. By the way: veritatem sequi est tueri iustitiam.

2014-01-01T00:00:00Z Jankowski, Janusz http://hdl.handle.net/11089/4754 2021-06-29T07:01:00Z 2014-01-01T00:00:00Z

Dążenie do poznania prawdy w procesie cywilnym Jankowski, Janusz In the literature and jurisprudence there are distinguished two opposite principles ruling over revealing the truth: a material truth principle (objective) and a formal truth principle (procedural). In the proceedings based on the material truth principle, judicial decisions in the matter of the actual state should reflect the reality. The judge aims to clarify all circumstances essential to solve a case in order to reveal a really existing legal relation bounding both parties to litigation. On the other hand, in proceedings based on the formal truth principle, judicial decisions in the matter of the actual state should only reflect the factual material and evidence gathered by the parties. In the study there is presented an evolution of norms and doctrinal opinions in the matter of the endeavor to establish the truth in civil proceedings connected with amendments to the Civil Procedure Code in 1996, 2000, 2005 and 2012.

2014-01-01T00:00:00Z Gontarski, Waldemar http://hdl.handle.net/11089/4753 2018-02-01T11:18:54Z 2014-01-01T00:00:00Z

Prawda arystotelesowska w procesie administracyjnym i sądowoadministracyjnym Gontarski, Waldemar The contemporary truth reconstructed in a trial reflects differences between the Aristotelian truth in terms of its essence and criterion (material truth – veritas est adaequatio rei et intellectus – ad Aristotle, The Metaphysics IV.7.[1011b 26-27])- and its practical realisation (objective truth – in medio stat veritas – ad Aristotle, Nicomachean Ethics II.7.[1108a 19–20]). In a non-adversarial processes – such as the Polish criminal trial - as opposed to the Anglo-Saxon one - the Polish administrative procedure (an administrative court has only a controlling function, not a reformative one and does not ascertain facts on its own) or separate proceedings in the Polish civil procedure – the court is expressis verbis obliged to reconstruct the objective truth (i.e. the truth which can be ascertained by a man meeting the diligentia boni patris familias standard) and not the material truth. Nonetheless, if the judicial truth understood in this way (the truth ascertained by the court; if the court does not demonstrate an evidential initiative, then it will not ascertain the truth, but it will merely assess the reliability of the evidence submitted as in the Anglo-American criminal trial) will differ from the material truth, it can act as a statutory premise to resume the proceedings. That is, generally speaking, the main difference between the inquisitorial and the adversarial models.

2014-01-01T00:00:00Z Łukowski, Piotr http://hdl.handle.net/11089/4752 2018-02-01T11:18:51Z 2014-01-01T00:00:00Z

Doctrina multiplex, veritas una Łukowski, Piotr Coherent thoughts about the truth seem to be more difficult than about any other abstract concepts. According to some fundamental presuppositions, the truth should be one and in a sense unchangeable. On the other hand, even a simple observation suggests something opposite – the truth seems to be variable and relative and that is why given in some different, alternative forms. The paper deals with all the above mentioned problems and other relative ones concerning the truth. The entire discussion coincides with an ancient dictum being the title of the article

2014-01-01T00:00:00Z