Abstract

The author discusses a controversial issue of using and taking evidence from private documents in criminal proceeedings. The analysis of the issue is mainly connected with the wording of Art. 393 § 3 of the Code of Civil Procedure and the possibility to “read out” private documents during the main trial. First, the author briefly analyses, the admissibility of reading out and using private documents in criminal proceedings. The author focuses his considerations primarily on the possibility of taking evidence from a private document in the electronic or digital form, describes and considers all of the concepts that have arisen with respect to this issue, and tries to find an optimal solution to the problem. Finally, the author notes that not only the moment of introducing private documents into criminal proceedings, but also assessment of such evidence by the court before issuing judgment is important. In conclusion, the author proposes de lege ferenda postulates presenting at the same time arguments pertaining to the need for a statutory regulation of disputable issues with respect to private evidence.