Účinný důkaz v americkém trestním procesu
Vol.4,No.4(1996)
Abstract
Pages:
560–572
The present contribution deals with the approach of the American judical practice towards the questions of the proof effectiveness. The author refers to the fact that the American "fruit of poisonous tree" doctrine on the basis of which the judicial practice built the so-called rule of exclusion underwent a very cortradictory evolution from the time of its rise up to the present. The substance of the problem consists in finding the optimal model of the solution of the questions concerning the proof effectiveness in criminal proceedings. In spite of the objections to the doctrine of the rule of exclusion the opinions prevail that claim its restriction, not its substitution.
The contemporary approaches to the solution of the questions connected wiht the proof effectiveness are based on the demand for the criminality control and for the preservation of the legality of the criminal law.
It is important not to put these demands in the contradictory relation, but to seek the common presuppositions for their realisation in the criminal proceedings which can also become the starting point or the solution of the problems associated with the proof effectiveness.
560–572
Copyright © 2018 Alexander Nett