Considerations on the Legal Position (Rights) of a Witness Remaining with a Party in a Partnership

The article aims to present the issue of protecting the rights of a witness who is a partner of a party to the proceedings. The presentation of the legal position of these persons in individual proceedings is based on the analysis of the right to refuse to testify and the right to refuse to answer a question. The key issue is to determine the subjective scope of the above-mentioned rights. Analyzing the provisions of criminal, civil and administrative proceedings, it can be concluded that only the Criminal Procedure Code covers persons living together subjectively. This means that this regulation will not only cover spouses but also persons who are cohabitants. A narrower scope for other procedures may entail procedural and evidentiary problems. The problem also concerns ailments and the method of imposing administrative fines. The article’s purpose is not only to present the problem but also to show a possible solution. Therefore, the postulate de lege ferenda was put forward, showing the potential ways of closing the legal loophole which gives a certain advantage to married persons over those who live only together.