The aim of this article is to analyse of constitutionality of the norm expressed by Article 233(1a) of the Polish Criminal Code. In this norm, the legislator pe-nalizes the offence of giving false testimony out of fear of criminal liability of the perpetrator. The author of the article makes an attempt to answer the question whether this norm is in conformity with the constitutional right to defence. In the author’s opinion, the norm expressed by Article 233(1a) of the Polish Criminal Code is partially unconstitutional.