What is the right to refuse to testify?
The right to refuse to testify is a legal protection that allows certain persons to decline giving evidence in court or during criminal proceedings. In Poland, this right is mainly relevant to witnesses who are closely related to a suspect or accused person or who could expose themselves or their relatives to criminal liability by answering questions.
A witness is generally required to appear when summoned and to provide truthful information. However, the duty to testify is not unlimited. Polish procedural law recognises that compelling a person to testify against a close family member, or to provide information leading to their own prosecution, may conflict with the protection of family relationships and the right not to incriminate oneself.
The right to refuse to testify should be distinguished from the right to refuse to answer a particular question. A complete refusal means that the witness does not testify at all in a given case. A refusal to answer applies only to specific questions that could create a legally protected risk, such as exposure to criminal liability or disclosure of information covered by professional secrecy.
Who may refuse to testify?
Under the Polish Code of Criminal Procedure, a person who is close to the suspect or accused may refuse to testify. This category includes, in particular, a spouse, former spouse, parent, child, sibling, other relatives in the same line or degree, persons connected by adoption, certain relatives by marriage, and a person living in cohabitation with the suspect or accused. The assessment depends on the actual legal and family relationship in the individual case.
A witness may also refuse to answer an individual question if the answer could expose the witness or a person close to the witness to criminal liability or fiscal criminal liability. This protection is important where a witness may have participated in the events under investigation, may have knowledge of unlawful conduct, or may risk becoming a suspect as a result of their testimony.
Separate rules apply to professional secrecy. Lawyers, attorneys-at-law, doctors, clergy, journalists and other professionals may be subject to statutory duties of confidentiality. Whether they may be questioned about protected information depends on the type of secrecy, the proceedings involved and whether a competent authority has lawfully released them from confidentiality. The secrecy of defence counsel and the secrecy of confession receive particularly strong protection in Polish criminal proceedings.
What does the right to refuse to testify cover?
The right may arise in criminal cases concerning offences such as theft, forgery, assault, threats, fraud or other conduct investigated by the police or prosecutor. It may also be relevant in proceedings involving organised crime, financial offences, family disputes or allegations concerning company management.
In practice, the issue often appears when a witness is summoned after a relative has been detained, charged or indicted. A witness may be asked about meetings, conversations, financial transfers, travel, documents, access to property or the events surrounding an alleged offence. Before answering, the witness should understand whether they are entitled to refuse testimony entirely or only to decline selected answers.
The rules differ between criminal, civil, administrative and disciplinary proceedings. In civil proceedings, a witness may also have grounds to refuse testimony or particular answers, especially where the evidence could expose the witness or close relatives to criminal liability, disgrace or serious and direct financial harm. The legal basis and procedural consequences should always be assessed in relation to the specific type of case.
When is legal advice advisable?
Legal advice is particularly important before attending questioning by the police, prosecutor or court if a witness has a family connection with the suspect or accused, fears self-incrimination, is bound by professional secrecy or is uncertain about their procedural status. A person summoned as a witness may later become a suspect if the evidence indicates their possible involvement in an offence.
A prompt consultation can help prevent an unlawful or unnecessarily broad disclosure of information. It may also reduce the risk of giving inconsistent statements, waiving an available procedural protection or making statements that affect related criminal, family, immigration or business matters.
Refusing to testify does not mean that a witness may ignore a summons. The witness should generally appear before the authority and clearly state the legal basis for the refusal. The authority may examine whether the conditions for refusal are met. Giving false testimony, on the other hand, may result in criminal liability, which makes careful preparation essential.
Legal support concerning the right to refuse to testify
Legal assistance in matters involving the right to refuse to testify may include:
- assessing whether a witness may refuse testimony in full;
- evaluating the right to refuse answers to particular questions;
- identifying risks of self-incrimination or liability of close relatives;
- analysing professional secrecy and confidentiality obligations;
- preparing a witness for questioning by the police, prosecutor or court;
- representing or assisting a witness during criminal proceedings.
Need assistance with the right to refuse to testify? Contact us.