Monitor Prawniczy

no. 17/2016

Passing an in camera judgment pursuant to Art. 1481 of the Code of Civil Procedure – remarks concerning amendment of the Code

Andrzej Jasiecki
Asystent sędziego w Sądzie Okręgowym w Świdnicy.
Abstract

This article discusses the issues connected with the institution of considering cases by courts in camera. The author indicated the importance of a hearing for consideration of the case, restricted application of certain procedural principles connected with the introduction of the said institution (e.g. the principle of a public character of a hearing, the principle of the direct adduction of evidence); prerequisites for passing a judgment at such hearing were analysed one by one. Noted was also the possibility to apply in this case certain regulation which before the amendment could have been applied when a hearing had been schedules (e.g. delivery of an interim judgment, participation of non-governmental organization in the trial, outside intervention, referring the case for mediation, rectification of judgments, participation of lay judges in passing judgments, taking into account of facts known ex officio by the courts).