Abstract
The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law. The author in her paper will focus on such forms of evidence, which are more and more often the subject of evidentiary procedures, noting that this mainly concerns the content of private conversations conducted with the use of messengers and community portals, call recordings, and telephone billings, data obtained from mobile phones, or so-called print screens, which are often obtained in an illegal manner, interfering with the sphere of privacy of the other person.
Highlights
The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law
The admissibility of using the evidence obtained in this way during the court proceedings remains an issue that is still unresolved on the basis of the Polish civil procedure
If the source of evidence or the evidence itself is “poisoned,” everything that is derived from this tree, i.e., the fruit – is “poisoned.”[2] Often, representatives of the Polish doctrine identify with each other such concepts as “evidence obtained contrary to law” and “inadmissible evidence.”. It seems that the first of them should include the evidence that was obtained in a manner inconsistent with both substantive and civil procedural law, and the second of them evidence that was obtained in a manner contrary to law, rules of social coexistence, as well as ethical standards.[3]
Summary
The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law. The author in her paper will focus on such forms of evidence, which are more and more often the subject of evidentiary procedures, noting that this mainly concerns the content of private conversations conducted with the use of messengers and community portals, call recordings, and telephone billings, data obtained from mobile phones, or so-called print screens, which are often obtained in an illegal manner, interfering with the sphere of privacy of the other person. Neteisėtai gautų elektroninių įrodinėjimo priemonių naudojimo civiliniame procese leistinumas. Remiantis Lenkijos proceso teise, neteisėtai gautų įrodymų, vadinamų nuodingo medžio vaisiais, naudojimo leistinumas vis dar neišspręstas klausimas.
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