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- Title
CRIMINAL ASPECT OF PERSONAL AND MATERIAL EVIDENCE.
- Authors
SYLEJMANI, Rrahman
- Abstract
This paper will deal with the criminal aspect of personal and material evidence as well as the securing of the evidence, focusing on their importance, theoretical and practical problems, in defining the scope of application of this institute, of the entities entitled to submit requests, the right of appeal, etc. Any legal action requires evidence, especially when it comes to prosecution. In some systems, evidence is collected and evaluated by the court, giving less opportunity to prosecution and defense to challenge or analyze the evidence. In systems such as the accusatory one, there are more opportunities to challenge the evidence. However, in each system, all judges, prosecutors, defense and representatives of injured parties can benefit greatly if they understand the evidence properly. Understanding the evidence properly allows lawyers to describe the evidence more clearly, to understand the weaknesses or the strengths of the evidence and to test them in court. It is of special importance that when judges, prosecutors, defense lawyers and others talk about evidence, they have a similar vocabulary and understand them in a similar way. If everyone can describe the weaknesses or strengths of certain types of evidence using the same language and the same principles, then it will be possible for the case to be judged with clarity and justice.
- Publication
Vizione, 2017, Issue 28, p275
- ISSN
1409-8962
- Publication type
Article