Policija i sigurnost, Vol. 17 No. 1-2, 2008.
Stručni rad
Coherence of the Supreme court's case-law on admissibility of evidence from police inquiries
Željko Karas
; Policijska akademija, Zagreb, Hrvatska
Sažetak
Author is dealing with the exclusion of facts that are gathered using certain powers which have status of general police inquiries in Croatian law. Importance of this field is emphasised due to some opposite standpoints in therory. Paper presents empirical research based on the Supreme Court's decisions that are determining admissibility of evidence in the period from 1999 to 2005 (N=355). Included cases were observed through the following variables: type of police power; conclusion od admissibility; law provisions that are used to justify conclusion; interpretation of legal provisions; type of evidence; and changes compared to conclusion gained by the lower courts. Excluded inqu¬iries were further compared using views that are most dominant in domestic theory. The findings has showed that 48% of police inquiries wasn't excluded and revealed facts were admitted in court. According to the data presented in this research, Supreme Court doesn't accept theoretical interpretation and despite it regularly admits police inquiries as judicial evidence, rel¬ying upon provision that prohibits only use of one kind of police interrogation and cin-up without proper safeguards.
Ključne riječi
police inquiry; evidence; case-law
Hrčak ID:
79272
URI
Datum izdavanja:
15.6.2008.
Posjeta: 2.054 *