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The Seal of Confession in Polish Criminal Law – Substantive and Procedural Aspects. De lege ferenda Postulates

The legal definition of “the seal of confession” has not been regulated by the Polish legislator. The subject literature points out that the seal of holy confession applies when “the given Church or religious association, as part of its internal regulations, provides an institution that serves as a platform for an individual conversation of a unique religious nature between an entity eligible for that purpose (confessor) and a believer (penitent)” [Pieróg 2015, 17]. Solutions employed in order to protect the seal of confession can be found not only in the canon law, but also in provisions of the Polish substantive and procedural criminal law. The legislator in can. 983, para. 1 of the 1983 Code of Canon Law refers to the seal of confession emphasizing its indefeasible character.1 Therefore, it must be concluded that the importance of the sacrament of penance has been acknowledged both by the Church and state legislators. Criminal procedure does not establish a new