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Original scientific paper

The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia

Željko Karas ; Police College, Zagreb, Croatia

Fulltext: english, pdf (351 KB) pages 359-386 downloads: 49* cite
APA 6th Edition
Karas, Ž. (2020). The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia. Hrvatski ljetopis za kaznene znanosti i praksu, 27 (1), 359-386. Retrieved from https://hrcak.srce.hr/244948
MLA 8th Edition
Karas, Željko. "The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia." Hrvatski ljetopis za kaznene znanosti i praksu, vol. 27, no. 1, 2020, pp. 359-386. https://hrcak.srce.hr/244948. Accessed 13 May 2021.
Chicago 17th Edition
Karas, Željko. "The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia." Hrvatski ljetopis za kaznene znanosti i praksu 27, no. 1 (2020): 359-386. https://hrcak.srce.hr/244948
Harvard
Karas, Ž. (2020). 'The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia', Hrvatski ljetopis za kaznene znanosti i praksu, 27(1), pp. 359-386. Available at: https://hrcak.srce.hr/244948 (Accessed 13 May 2021)
Vancouver
Karas Ž. The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia. Hrvatski ljetopis za kaznene znanosti i praksu [Internet]. 2020 [cited 2021 May 13];27(1):359-386. Available from: https://hrcak.srce.hr/244948
IEEE
Ž. Karas, "The Role of National Systems in the Admissibility of EPPO Evidence with an Emphasis on Croatia", Hrvatski ljetopis za kaznene znanosti i praksu, vol.27, no. 1, pp. 359-386, 2020. [Online]. Available: https://hrcak.srce.hr/244948. [Accessed: 13 May 2021]

Abstracts
This paper examines the rules on the admissibility of evidence in the Regulation on establishing the European Public Prosecutor’s Office (EPPO). The Regulation has not prescribed rules of its own but has left assessment of the admissibility of improperly obtained evidence to national systems. The paper therefore analyses the possible consequences in the EU Member States through the following characteristics of national systems of excluding improper evidence: the method of exclusion of evidence (automatic or balancing), the scope of the exclusion (rules which may lead to inadmissibility), and the admissibility of derived evidence. Based on the analysis of these characteristics, EU Member States are classified into three groups and their interrelations are analysed in the EPPO procedure.
The results show that great differences can occur in EPPO criminal
proceedings using identical evidence in different countries. This is particularly expected in a group of countries that use the automatic exclusionary rule for a wide scope of procedural violations. The Croatian
system of inadmissibility of improperly obtained evidence is described
in order to show some differences in comparative law.

Keywords
admissibility of evidence; EPPO; exclusionary rule; illegal evidence

Projects
HRZZ / IP / IP-2013-11-8282 / CoCoCrim - Croatian Judicial Cooperation in Criminal Matters in the EU and the Region: Heritage of the Past and Challenges of the Future

Hrčak ID: 244948

URI
https://hrcak.srce.hr/244948

[croatian]

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