Publication details
Význam přípravného řízení pro dokazování v trestním řízení
| Title in English | The importance of the preparatory procedure for evidence in criminal proceedings |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
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| Description | Evidence, as part of the law of evidence, is in the broadest sense a procedure of the law enforcement authorities which is intended to lead to the clarification of facts relevant to criminal proceedings. In practice, we encounter various procedural acts that may form part of the evidence. Evidence is taken at almost all stages and phases of criminal proceedings. Within the framework of the preparatory proceedings, two phases can be distinguished - the examination phase and the investigation phase. The conference paper will focus on the issue of evidence in the framework of preliminary proceedings, or the importance of the preliminary proceedings for evidence in the entire criminal proceedings. I will then focus on the question of which evidence can be used in the preparatory proceedings and what is its subsequent procedural applicability to the ongoing criminal proceedings. In this context, I will also analyse the current de lege lata legislation and make some de lege ferenda proposals. In the course of my contribution, I will also ask the question whether evidence should also be taken in pre-trial proceedings and, if so, to what extent and using what means of evidence. I will then present these considerations both in the context of the current legislation and in relation to the planned recodification of Czech criminal procedural law. |