Challenges of the Knowledge Society (Jun 2022)
ISLANDS OF ADVERSARIAL PROCEEDINGS IN THE PROSECUTION PHASE
Abstract
The islands of the adversarial proceedings encountered in the criminal investigation phase, offer the means of evidence submitted under adversarial conditions extra reliability and are an expression of the guarantees from which the accused person benefits. The study is divided into three chapters, it begins with an overview of the adversarial principle/ principle audi alteram partem which characterizes the trial phase and is sporadically found in the prosecution phase; in the next section, different concepts and theories are discussed regarding the procedures in the criminal prosecution phase in which the adversarial principle is applicable. In its last part, the paper analyzes the effects of the adversarial principle on the reliability of the evidence obtained with its application, the exclusion of the evidence obtained in violation of the adversarial principle and de lege ferenda proposals of the author.
