Professional paper
https://doi.org/10.54070/hljk.28.2.5
(Im)possibility of Using Witness Testimony From Other Proceeding in Criminal Proceedings
Jasmina Sabađija
; Općinski sud u Novom Zagrebu, Zagreb, Hrvatska
Abstract
The principle of immediacy in the presentation and evaluation of evidence undoubtedly plays an important role in criminal proceedings. Its application, and the limitations of its application, are implemented in the procedural provisions governing criminal proceedings. The very importance of this principle, whose application and limitations of application in certain cases have the ultimate goal of making a correct and lawful court decision, means that there is a stumbling block in court practice in certain cases in finding an appropriate balance between the application of and limitations in applying the principle of immediacy with regard to the judicial evaluation of evidence. This paper therefore seeks to reveal and specify the challenges that courts face in practice (which are related to the principle of immediacy in the presentation and evaluation of personal evidence), the causes of these challenges, as well as possible ways to overcome them without compromising the integrity of the proceedings, and hence the court decisions themselves.
Keywords
principle of immediacy; records of witness statements; limitations of the principle of immediacy; possibilities of reading records; other procedures
Hrčak ID:
272798
URI
Publication date:
1.12.2021.
Visits: 2.790 *