1. The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
- Author
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Zelenka, Jan, Bohuslav, Lukáš, Hořák, Jaromír, and Pelc, Vladimír
- Subjects
fruit of the poisonous tree doctrine ,evidence in criminal procedure ,neúčinnost důkazů ,doktrína plodů z otráveného stromu ,ineffectiveness of evidence ,dokazování v trestním řízení ,ineffectiveness of evidence,fruit of the poisonous tree doctrine - Abstract
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
- Published
- 2021