POLICE OFFICER AND A WITNESS IN PREPARATORY PROCEEDINGS: DUTIES AND LIMITS OF POLICE OFFICER’S POWERS REGARDING THE RIGHT TO REFUSE TO TESTIFY

<ns3:p>The article is devoted to the analysis of a witness’s right to refuse to testify and the duties and limits of police officers’ powers in preparatory proceedings. It presents the current legal regulations regarding this right, emphasizing its importance in protecting family and personal ties as well as in preventing conflicts of conscience. A method for the gradual verification of a witness’s right to refuse testimony has been developed. This method involves step-by-step checks, starting with the least intrusive measures, such as verifying data in the KSIP and PESEL information systems, through utilizing information from a district officer, up to the most intrusive actions, such as visiting the witness’s place of residence. The obligations of the police officer resulting from Article 300 3 of the Code of Criminal Procedure and Article 191 2 of the Code of Criminal Procedure are also discussed, with particular emphasis on the necessity of properly instructing the witness in a manner adapted to their cognitive abilities. The conclusions of the analysis underline the importance of respecting the witness’s rights and present practical solutions for police officers, contributing to the improvement of preparatory proceedings standards and complementing the existing literature on the subject.</ns3:p>