Review article

Evidentiary Standards in Criminal Procedure

Marin Mrčela orcid.org/0000-0002-7559-9543 ; Vrhovni sud Republike Hrvatske, Pravni fakultet u Osijeku, Republika Hrvatska
Damira Delost orcid.org/0000-0002-1772-713X ; Općinski sud u Rijeci, Vrhovni sud Republike Hrvatske, Republika Hrvatska

Abstract

This paper deals with evidentiary standards. After a brief theoretical and comparative-law analysis of evidentiary standards, it highlights the key differences between common law and continental legal systems, while shifting the focus to the current regulation under the Croatian criminal law. In addition to the levels of evidentiary standards under the Croatian criminal procedural law, it examines the need for their definition and different labelling, relying on the relevant case-law of the Supreme Court of the Republic of Croatia. Especially from the perspective of the police, precise and unequivocal definitions are required in light of the different treatment of the citizen and the suspect by the police due to the
unique procedural and legal role of the suspect and, respectively, appropriate procedural consequences.
With this in mind, the paper assesses the legal doctrine, as well as the current legislative solutions and the existing judicial practice, to provide solutions that would eliminate doubts about the interpretation of evidentiary standards.

Keywords

evidentiary standards; probability; doubt; certainty.

Hrčak ID:

230024

URI

https://hrcak.srce.hr/230024

Publication date:

19.12.2019.

Article data in other languages: croatian

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