The right to fair trial is a fundamental and principal right of every citizen in a democratic society. Thus as a rule it can be found in many legislatives acts including the most important one — the Constitution of Republic of Poland. Bearing in mind the essential purpose of criminal procedure, which is to determine the guilt, courts must abide by the right to fair trial, to minimise the potential risk related to miscarriages of justice. Unlike in the United States, where miscarriages of justice are examined by Innocent Commissions, the subject remains still largely unknown and unresearched in Poland.