Pursuant to Art. 61 of the Family and Guardianship Code, a marriage results in an affinity between the spouse and relatives of the other spouse and it continues despite the termination of the marriage. This provision has tangible consequences, including from the point of view of criminal law.
Due to the ties with the accused in criminal proceedings, some of his relatives were excluded from the obligation to testify. Pursuant to the provisions of the Code of Criminal Procedure, the person closest to the accused may refuse to testify.
The closest person is considered to be a spouse, ascendants, descendants, siblings, related persons in the same line or degree, a person who is adopted and their spouse, as well as a person who is living together (Article 115 § 11 of the Criminal Code).
Pursuant to the judgment of the Supreme Court of April 26, 2012, II KK 268/11, a relative may refuse to testify also after the termination of the marriage on the basis of which the relationship of affinity is based. The cessation of marriage does not deprive the relative status of the closest person within the meaning of Art. 115 § 11 of the Criminal Code.
Art. 61 of the Family and Guardianship Code means that the ties of affinity do not cease after divorce. The right to refuse to testify that a related person is entitled to does not become obsolete as a result of the termination of the marriage of his relative with the accused.