Publication details

K některým aspektům hodnocení zákonnosti důkazů v kontextu české trestněprávní teorie a praxe

Title in English On certain aspects of evaluation of legality of evidence within the Czech criminal law theory and practice

KANDOVÁ Katarína ČEP David

Year of publication 2019
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Description In submitted contribution, its authors deal with chosen aspects of assessment of legality of evidence in light of theory as well as application practice of the Czech criminal law. Their thoughts originate from requirement of formal-material approach to evaluation of evidence that has been emphasized in recent practice of the Czech Supreme and Constitutional Court. On the basis of general postulates extracted from analysis of decision practice of these courts, the authors examine concrete cases of irregularities in gathering of evidence by the law enforcement authorities and their eventual impact on availability of such gained evidence in criminal proceedings. Last but not least, they give their opinion on issue of evidence derived from illegal evidence and possibilities of its further use in criminal proceedings, eventually on related theory of so-called fruits from poisonous tree.
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