Publication details

Lze na základě znaleckého posudku v trestním řízení zjistit „pravdu“?

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Title in English Can the "truth" be established on the basis of expert opinion in criminal proceedings?
Authors

FRYŠTÁK Marek TEXL David

Year of publication 2021
Type Article in Periodical
Magazine / Source Trestní právo
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords criminal proceedings; the process of proving; proof by an expert opinion; expert opinion; finding the truth in criminal proceedings
Attached files
Description The process of proving is one of the main activities of law enforcement authorities. Means of proof, as defined by the Criminal Procedure Code, includes expert opinion. It is drawn up when the issue is so technically complex that the court or other criminal law enforcement authority cannot evaluate it on its own. Although an expert's opinion is a special means of evidence, it is not superior to others. The article deals with the question of whether the truth can be ascertained in expert opinion evidence, especially in view of the fact that the person preparing the expert opinion always puts into it his or her subjective view of the matter and the opinions of individual experts may thus differ.
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