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The collision between Art. 180 § 2 of the Code of Criminal Procedure and Art. 6 of the Advocate’s Profession Act


Mądrecka, Emilia

Subject and Keywords:

legal professional privilege   advocate   Code of Criminal Procedure   Rules of Professional Ethics   inadmissible evidence   conflict of legal rules   witness


The article analyzes legal professional privilege in the light of provisions of the Advocate’s Profession Act, the Code of Criminal Procedure and the Code of Professional Ethics and Conduct for Advocates. The author raises the question of conflict between Art. 180 § 2 of the Code of Criminal Procedure, which regulates the advocate’s testimonial privilege and its possible waiver by court’s decision, and Art. 6 of the Advocate’s Profession Act, which treats advocate’s privilege as an absolute rule. The article also comments on the views presented in the doctrine and in judicial decisions. In addition, the author provides an interpretation of the legal regulations/norms and discusses the conflict of legal rules between these regulations. For the purpose of comparison, the article also reviews the situation of advocate–witness in civil and administrative procedures. The legal analysis concludes with proposals de lege ferenda.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego


Kalisz, Tomasz. Red.

Date issued:


Date copyrighted:



ISSN 2084-5065  
ISSN 0239-6661


pol   eng


Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 28, 2012, s. 147-160

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg