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The consequences of the breach of evidence rules for the effectiveness of evidence
Kurečka, Jan ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
RESUME The purpose of my thesis is to analyse criminal law regulation of rules of evidence and its consequences regarding nullity of evidence. The reason for my research is my long term interest in criminal law and specifically criminal proceedings The thesis is divided in two basic broad chapters and subsequent sub-chapters. The first chapter deals with general aspects of rules of evidence, explaining basic terminology and basic principles that dominate the law of evidence, division of evidence and general rules on admissibility of evidence as covered by the only explicit condition which is provided by the Criminal code of proceedings (that is that evidence shall not be acquired by compulsion or by threat of thereof) and by contemporary legal theory. The second chapter deals with particular forms of evidence such as examination of the defendant, examination of witnesses, expert evidence, polygraph and monitoring of telecommunication and the rules that govern them. Each of the forms of evidence is described with emphasis on potential errors in proceeding that may result in nullity of the evidence. In each of the sub-categories I describe current regulation of the topic and include case law references where possible, with international oversight where available and/or of significance to my thesis. The final...

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