Abstract

The article analyses a new regulation of the criminal procedure. The amendment of 27 September 2013 introduced the possibility of using private evidence in the criminal procedure, that is evidence generated outside of the procedure and submitted by the parties. The discussion has been reduced to a single aspect of that regulation concerning the so-called private opinion issued by a private expert commissioned by a party to the procedure. The author focused his attention on the issue of using those opinions as evidence in the criminal procedure. Against this background, the most important and most typical issue and problems have been presented. The advantages of new normative solutions have been emphasized, but also their disadvantages. A general objection derives from the fact that after the amendment became effective a “private opinion” may be treated as evidence but still cannot be used on a broader scale in the criminal procedure.