Norma relacionada
Poland
Practice Relating to Rule 100. Fair Trial Guarantees
Poland’s Constitution (1997) states: “Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.” 
Poland, Constitution, 1997, Article 45(1).
Poland’s Penal Code (1997) provides for the punishment of “any person who, in violation of international law, deprives persons hors de combat, protected persons and persons enjoying international protection of their right to a fair and impartial trial”. 
Poland, Penal Code, 1997, Article 124.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
Pursuant to article 45 paragraph 1 of the Constitution of the Republic of Poland “Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court”. This norm is supplemented with the provision under article 77 paragraph 2 of the Constitution, stipulating that laws shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of rights. 
Poland, Fifth periodic report to the Human Rights Committee, UN Doc. CCPR/C/POL/2004/5, 26 January 2004, § 264.
Poland’s Constitution (1997) states: “Everyone shall be presumed innocent of a charge until his guilt is determined by the final judgment of a court.” 
Poland, Constitution, 1997, Article 42(3).
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated: “Everyone shall be presumed innocent of a charge until his guilt is determined by the final judgment of a court.” 
Poland, Fifth periodic report to the Human Rights Committee, UN Doc. CCPR/C/POL/2004/5, 26 January 2004, § 267.
Poland’s Constitution (1997) states:
Anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. He may, in particular, choose counsel or avail himself – in accordance with principles specified by statute – of counsel appointed by the court. 
Poland, Constitution, 1997, Article 42(2).
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
Pursuant to article 42 paragraph 2 of the Constitution, anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. He may, in particular, choose counsel or avail himself – in accordance with principles specified by a law – of counsel appointed by the court. 
Poland, Fifth periodic report to the Human Rights Committee, 26 January 2004, UN Doc. CCPR/C/POL/2004/5, submitted 13 January 2004, § 267.
Code of Criminal Procedure
A new law relating to the code of criminal procedure has also been enacted. It is Law n° 13/200[4] of 17 May 2004 that, unlike the law of 1963 February that was aimed at the same purpose, contains specific procedure provisions for children, namely:
Poland’s Penal Code (1997) states:
Art. 245.
Anyone who uses violence or threat with intent to influence the witness, expert, translator, prosecutor or accused person or in relation to that infringes inviolability thereof shall be punished by imprisonment for 3 months to 5 years.
Art. 246.
Any public official, or any person under his command, who uses violence, threat or in any other way abuses physically or mentally another person with the purpose to obtain certain testimonies, explanations, information or declaration, shall be punished by imprisonment for 1 to 10 years.
Art. 247.
1. Anyone who abuses physically or mentally of an imprisoned person shall be punished by imprisonment for 3 months to 10 years.
2. If the perpetrator acts with particular cruelty, he shall be punished by imprisonment for 1 to 10 years.
3. § 1 and 2 applies accordingly to any public official, acting against his obligations. 
Poland, Penal Code, 1997, Articles 245–247.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
The Polish Penal Code (articles 245–247) determines penal liability for manifestations of cruelty towards persons deprived of liberty and subjects to penal liability public officials who use or threaten to use violence or commit offences of tormenting either physically or psychologically for the purpose of obtaining a testimony or information. Through these provisions Poland introduced into its legislature the principle of international accountability for the prosecution of actions which constitute acts of torture. Depending on the result of a prohibited act, which may be regarded as torture or other cruel, inhuman or degrading treatment or punishment, the Code envisages adequate sanctions. 
Poland, Fifth periodic report to the Human Rights Committee, 26 January 2004, UN Doc. CCPR/C/POL/2004/5, submitted 13 January 2004, § 116.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
As to their principle, court proceedings are public. Exceptions to the public nature of hearings may be made exclusively for reasons of the breach of public order, morality, infringement of an important private interest or if the public hearing would result in a disclosure of circumstances which due to the important interest of the State should remain undisclosed. Judgments are always announced publicly. 
Poland, Fifth periodic report to the Human Rights Committee, UN Doc. CCPR/C/POL/2004/5, 26 January 2004, § 265.