Publication details

Vztah kriminalistiky a trestního práva a jeho promítnutí do právní úpravy dokazování v trestním řízení

Title in English The Relationship between Criminalistics and Criminal Law and Its Reflection in the Legal Regulation of Evidence in Criminal Proceedings

TEXL David

Year of publication 2021
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Attached files
Description The paper will deal mainly with the issue of evidence in criminal proceedings in relation to the criminalistic procedures by which individual evidence is obtained. The introductory part will focus on a general analysis of the relationship between criminalistics and criminal law and reflections on the importance of criminalistics for graduates of law faculties. The central part of the paper will be devoted to the area of evidence. The area of evidence is the centre of gravity of the entire criminal proceedings, and therefore the upcoming recodification of criminal procedural law may bring improvements to the current situation in this area as well. De lege ferenda considerations will be devoted to the analysis of the question whether individual criminalistic procedures (e.g. work with dactyloscopic or trace traces) should be regulated directly in the Criminal Procedure Code, as is the case with the so-called special methods of evidence, or whether such a procedure is not appropriate. There are other possibilities how to regulate these procedures - e.g. by means of internal regulations for members of the Police of the Czech Republic, as is the case at present, when most of the criminalistic procedures in the field of evidence are regulated by instructions of the President of the Police. Another option is not to legislate these procedures at all and leave their definition to criminalistic doctrine alone.

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