Professional paper
PROBATIVE PROCEDURE IN PETTY OFFENCE PROCEEDINGS RELATED TO VIOLATIONS OF OCCUPATIONAL AND FIRE SAFETY REGULATIONS
Željko Markov
; Zagreb, Hrvatska
Abstract
All facts court rulings are based on must be proven or made probable in certain cases. The facts are determined in probative proceedings through probative instruments, the most significant being the on-site investigation, expert evaluation and evidence through documents. When two experts with contradictory testimonies (findings and opinions) are involved in the same proceedings, and the judge – the court accepts the testimony of one of them by formally referring to a free evaluation of evidence, an absolutely crucial procedure violation is made. Unfortunately, the court of appeals does not pay attention to such violations ex officio.
Keywords
petty offence proceedings; probative instruments; on-site investigation; expert evaluation; documents; witnesses; interrogation of the defendant
Hrčak ID:
119590
URI
Publication date:
28.3.2014.
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