Few remarks on the implementation of the duty to assess evidence in a criminal proceedings Cover Image

Kilka uwag na temat realizacji obowiązku oceny dowodów w procesie karnym
Few remarks on the implementation of the duty to assess evidence in a criminal proceedings

Author(s): Bartosz Łukowiak
Subject(s): Criminal Law, Court case
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: principle of free appraisal of evidence; credibility of the evidence; evidence; statement of reason on a form; criminal proceedings

Summary/Abstract: In many of criminal courts statements of reason there is information about accepting piece of evidence as a basis for findings only due to the fact that the piece in question does not raise any doubts, that there are no grounds for questioning its credibility, that it is consistent with other evidence or that none of the parties questioned its credibility. The aim of this work is to highlight the flawed way in which criminal courts approach their duty to assess evidence. Particular sections of the text discuss the reasons encountered in practice for finding evidence credible, explaining why the use of such circumstances should be considered a violation of the principle of free appraisal of evidence.

  • Issue Year: 6/2022
  • Issue No: 1
  • Page Range: 1-16
  • Page Count: 16
  • Language: Polish