Abstract

In the commented ruling, the Supreme Court considered some of the problematic aspects of the Polish photo lineup procedure, stating that improprieties in organising or conducting identifi cation procedures do not necessarily render eyewitness identifi cation evidence inadmissible. This commentary discusses the assessment of the probative value of identification evidence, as well as critically analyses the current laws regarding photo lineup practices in Poland. Finally, the commentary argues that significant and research-based changes in the Polish legal standards for eyewitness identifi cation are necessary to prevent potential miscarriages of justice, briefly discussing the most urgent of them.

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