The True Face of the Right to Privacy on the Example of the Secret of Confession in Criminal Proceedings

Wielec, Marcin (2022) The True Face of the Right to Privacy on the Example of the Secret of Confession in Criminal Proceedings. LAW, IDENTITY AND VALUES, 2 (2). pp. 147-172. ISSN 2786-2542 (print), 2786-3840 (online)

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Abstract

The scientific paper concerns the image of the right to privacy on the example of the secret of confession in criminal proceedings. First of all, the introductory comments, including the scope of the study, will be provided. After that, considerations regarding the concept of privacy as a term of fundamental importance will be presented. This will also include an indication of privacy features. Then, the right to privacy will be presented with the definition of elements forming its concepts. After the above, criminal proceedings will be outlined as an area of applying the right to privacy in criminal law practice. This will give the opportunity to present a legal institution in procedural criminal law, which is an example of the functioning of privacy. For this reason, the study will analyze the secret of confession and will deal with the relationship between the penitent and the confessor. The current reasoning in study will lead to the analysis of the standards of Polish criminal proceedings with the legal institution of the secret of confession. In this context, it will be also important for paper to deal with the sources of the secret of confession and analysis of the secret of confession in other legal acts of the Polish legal system, apart from the Code of Criminal Procedure. The paper ends with a concise summary where it will be noticed that the secret of confession is the highest-ranking example of respecting the right to privacy in criminal proceedings. The analysis contained in paper also applies to natural law.

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