There is no concept of prohibited evidence in the Polish civil trial. This means that evidence obtained as a result of a crime, not to mention any other violation of the law, may be taken into account by the court. Different rules apply in more formal legal systems.
The solution adopted in Polish law is not accidental and it cannot be denied that it makes sense. Whoever committed the crime by obtaining the evidence should be responsible for it. But the court may consider such evidence on the way to the truth. The system is therefore based on a great deal of trust in the court and judges.
Consideration of evidence should be based on the informed decision of the court. We have a classic systemic conflict of values that the court should always bear in mind. If the facts, evidenced by forbidden evidence, are of more importance than the illegality of obtaining the evidence. This view means that there is no impunity and freedom in obtaining evidence.
