Náměty ke zdokonalení právní úpravy dokazování v českém trestním řízení
Suggestions for improving the legal regulation of evidence in Czech criminal proceedings

Summary/Abstract: The article discusses current issues of evidence in Czech criminal proceedings. The author criticizes criminal policy in the Czech Republic, which has failed to adopt a comprehensive reform of criminal law since 1990, in particular, it has failed to establish a new Criminal Procedure Code, so the source of legal regulation is the old Criminal Procedure Code, Act No. 141/1961 Coll., which has been amended many times. Regardless of the chosen concept of the new Criminal Procedure Code, it is urgently desirable to adopt at least some legislative changes in the Criminal Procedure Code. According to the author, these are the following changes: Supplementing the provisions of Section 2, paragraph 6 of the Criminal Procedure Code so that evidence that was not obtained by the authorities involved in criminal proceedings is also subject to evaluation. Furthermore, supplementing the provisions of Section 89 of the Criminal Procedure Code so that only knowledge that can be verified by scientific methods is evidence. The author also proposes the establishment of an exhaustive list of means of evidence, the addition of criteria for the legality of evidence to the Criminal Code, and the establishment of rules for working with digital traces - evidence.

• Details
• Contents