Success of the Law Firm’s client in a case concerning possession of narcotics
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
The case handled by Bartłomiej Pietruszka, advocate and partner of the firm, concerned an indictment filed by the prosecution against an offender charged with possession of narcotic drugs. The court of first instance acquitted the perpetrator, while this decision was appealed by the prosecution. Ultimately, the second instance court upheld the acquittal, which is now final.
The defence counsel in this case demonstrated to the court that the evidence offered by the prosecution was unreliable and could not prove that the accused had committed a criminal act. The main evidence in the case was the testimony of witnesses who, as shown by the defence counsel, turned out to be unreliable and their testimony was contradictory and ultimately could not form the basis for the findings of fact.
In this type of case, the prosecution often uses the testimony of a so-called 'small crown witness', i.e. the institution regulated in Article 60 of the Penal Code, or simply relies on the testimony of a witness who accuses another person of committing a criminal act. This case was no different, with the problem of the credibility of this evidence being resolved in favour of the client.
says Barrister Bartłomiej Pietruszka.
Who is a so-called ‘little crown witness’? A perpetrator who has decided to disclose the circumstances of a crime to law enforcement in exchange for extraordinary leniency. On the other hand, a witness who slanders another person for committing a criminal offence is a person who gives incriminating testimony to another person and avoids incurring criminal liability himself.
The solutions outlined above are controversial, as there are cases where perpetrators commit slander and lies hoping for a lighter punishment or to avoid responsibility. The most worrying cases are those in which the testimony of such a witness is in fact the only direct evidence of the crime.
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