Abstract

This article presents an analysis of the third sentence of Art. 167 § 1 of the Code of Criminal Procedure in its wording set by the Act of 27 September 2013 concerning amendments of the Code of Criminal Procedure and certain other acts. The author believes that the content of that provision should be construed exclusively as authorizing the court to admit and take evidence ex officio. To interpret that provision as obliging the court to take evidentiary initiative is unallowable as it finds no normative justification. The author criticises the views which lead to such interpretation and at the same time points out that the duty of the court to act ex officio as regards taking evidence arises from other provisions of the Code which are independent and in no relationship with the third sentence of Art. 167 § 1 of the Code of Criminal Procedure.