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Expert evidence in criminal proceedings
Borčevský, Pavel ; Musil, Jan (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Krupička, Jiří (referee)
The basis for this disertation thesis was a fairly frequent critisism, pointed at the subject of expert evidence in criminal proceedings in the Czech Republic. The aim of this work was a detailed analysis and evaluation of legislativ governing an expert evidence in criminal proceedings, which may also serve as a modest contribution to the discussion on recodifying Criminal Procedure Code. The author's goal wasn't trying to bring another "commentary "of selected provisions TŘ, but to deliver a detailed analysis of existing legislativ while paying attention to the different views of literature and avoiding repetition of already highlighted opinions. All the gained knowledge was subsequently synthesized into, according to the author's opinion, reasonable conclusions while specific suggestions de lege ferenda were provided in each chapter. The thesis is also conceived in such a way that it can also be a source of knowledge for those who want to get acquainted with the issue of expert evidence. For this purpose the bibliography includes both titles of the current legal literature and the publications, reflecting the old and purely historical legal regulations. The introductory part thoroughly maps the development of the expert evidence as it gradually derived from witness testimony, while in the second...
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Musil, Jan (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
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