Witnesses to the Credibility of the Parties Are an Example of Circumstantial Evidence in Canonical Cases for the Invalidity of the Marriage

ABSTRACT: Aim: The aim of the article is to present the institution of circumstantial evidence, which is an extremely interesting issue due to its nature and application. It is very often used in Polish criminal and civil proceedings, but less so in canonical proceedings, apart from the proceedings leading to the alleged death of the spouse. Although it is not a means of evidence in the proper sense, it can provide indispensable assistance, through the use of logical reasoning, in arriving at evidence in the full sense of the word. Methods: The method used when writing the article is the dogmatic-legal method, which involves the presentation of a legal provision and its detailed analysis, which leads to practical references. Results: The results reached in the article revolve around the concept of witnesses of the credibility of the parties, which are mentioned in canon 1679 of the Code of Canon Law of 1983. They may be introduced by the parties, but the judge may also appoint them (some or all) ex officio. First of all, these witnesses themselves should be credible and have good knowledge of the party, so that they are able to make a justified judgment. It is up to the judge to determine their number. Summary, unsupported by arguments, statements of witnesses about the credibility of the parties, made during an ordinary hearing, do not constitute auxiliary evidence in the strict sense of the word. An additional element in this regard may be the testimony of pastors about the credibility of the parties. Conclusion: The introduction of canon 1679 into the code legislation is undoubtedly an expression of the legislator's pastoral concern for the spouses to be able to prove their proper personal status in an external forum. It should be noted, however, that witness testimony may also question the credibility of the plaintiff or defendant, with subsequent consequences in adjudicating the case. Also in this case, the above-mentioned norm achieves its goal, as its addressee is the judge and not one or the other party to the proceedings. Originality: The article presents a doctrinal analysis of the statements of various authors regarding the concept of credibility witnesses and their practical application in the canonical trial for the invalidity of a marriage. What is particularly valuable is the way they are presented in practice as circumstantial evidence with all the consequences resulting from this institution. Keywords: circumstantial evidence, witness, evidence, canonical process, marriage invalidity process