Evidence and assessment of evidence
In deciding the guilt or innocence of the accused by the court on the basis of evidence obtained in a criminal case out. In public, sometimes there are speculations about what can and can not serve as evidence in criminal proceedings. These rumors are completely useless because it can serve as evidence of anything that may help to clarify things. Not only that evidence which was obtained by unlawful coercion or threat. Such evidence may be used only against a person who has indicated another forced or threatened. It is not entirely the use of evidence obtained from illegal procedure (eg, records of telephone wiretaps, conducted without a court order).
The most frequent evidence is
- testimony of the accused,
- expert opinions and expert opinions from various sectors (eg health care, fingerprints, mechanoskopie, písmoznalectví and many others)
- documentary evidence,
- factual evidence.
Implementation of evidence may suggest either of the parties to criminal proceedings, not just prosecutors, but the defendant, victim or an interested person. Even the court itself, whenever it is deemed necessary, may make proof that nobody did not propose. On the other hand, it does not mean that the court should make any evidence that suggests some of the parties. Sometimes, it is evident that further inquiry is unnecessary, since the situation is sufficiently proved already completed the evidence or it is clear that the evidence can not provide any new evidence in the proceedings.
Another issue is the evaluation of evidence. Not all evidence is sufficiently reliable (eg, lying witness or expert opinion is not sufficiently clear). Therefore, the court must evaluate each piece of evidence not only individually, but all the evidence together, it can clearly no doubt decide the guilt of the accused, or that the defendant may waive indictment.
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