Effective evidence in criminal proceedings in respect of de lege lata
Vol.3,No.3(1995)
Abstract
Pages:
65–80
The artide deals with the problems of evidence effectiveness in the criminal proceedings with a speciaJ attention paid to the examination of a witness and an accused. The author uses pieces of knowledge gained by means of summarizing judicature and, further, considers the import of the generallegal dause stipulated in § 89 par. 3 of the Penal Code that deals with reasons of absolute evidence ineffectiveness.
On the basis of the analysis of the lega] regulation in force, the author draws a wide number of situations concerning the problems of evidence effectiveness appearing at examinations of witness and an accused and provides suggestions leading to solutions of that situations.
In respect of de lege ferenda, the author recommends to solve the problems by means of combining the general legal dause with a casuistic regulation of the most serious and most typical cases of procedure provisions breaches concerning evidence execution.
65–80
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