Dopuszczalność przesłuchania w charakterze świadka radcy prawnego pełniącego funkcję rzecznika dyscyplinarnego w kontekście konstytucyjnego prawa do sądu

Abstract

The article pertains to the admissibility of hearing as a witness attorney at law acting as a disciplinary ombudsman in the context of the constitutional right to a fair trial. The right to a fair trial is rooted in public law. Due to the constitutional value of the right to a court, exceptions (e.g., the prohibition of questioning as a witness an attorney at law) must be interpreted strictly and additionally result from statutory law. Such restrictions cannot be interpreted extensively on the basis of only the provisions of private documents adopted by the bodies of professional self-government. Additionally, the aforementioned restrictions should be justified by the public interest (first of all, the interest of the client, and not, for example, the particular interest of the professional self-government).