Uwagi de lege lata na tle stosowania art. 168B K.P.K.

The article presents the issue of so-called “subsequent consent” for evidence obtained in thecourse of operating surveillance, and interpretation of Art. 168b of the Code of Criminal Procedure(CCP). The analysis covers, inter alia, the nature of the prosecutor’s decision on the use of evidencein criminal proceedings as well as the issue of meaning of expression “an offence prosecuted ex officio or a fiscal offence other than the offence, against which the control was directed” in the context of its constitutionality and the possibility of its pro-constitutional interpretation.