Evidence in amended criminal procedure – selected issues

Abstract

This study deals with some provisions adopted with Amendment of 2016. One of them is amended art. 168a Code od CP, which provides for admissibility of illegally obtained evidence. Neither violation of criminal law, nor breaching provisions of criminal procedure are obstacles preventing taking evidence in proceedings. The Article provides for one exception, i.e. inadmissibility of evidence obtained as a result of homicide, intentional causing bodily harm or deprivation of liberty committed by a public official. This provision is difficult to accept in view of the rule of law (as it validates evidence obtained with committing an prohibited act) and nonfunctional in practice, so it should be eliminated or amended. Article 168b provides for public prosecutor’s right to settle the issue of using the results of operational control in criminal proceedings, when these results do not relate to the crime covered by judicial order of operational control. Against this background there is a problem of results related to crimes which cannot be combated with operational control at all. Furthermore the study discusses issues of admitting evidence before trial (art. 352 CCP) and proceedings for applying protective measures (art. 354a CCP).