Vnaprejšnja dokazna ocena v slovenskem kazenskem postopku

slovenian

2013

volume 68, issue 11/12

criminal law   Slovenia

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

In the article, the author discusses the position of anticipated evaluation of evidence in the Slovenian criminal procedure. Because of the close connection of this subject matter with the proof process, the author first presents the principle disjunction of two phases of this process, namely the hearing of evidence and the evaluation of evidence. She then focuses on the institute of the anticipated evaluation of evidence. Through the review of the jurisprudence, she first assesses, whether the anticipated evaluation of evidence in our criminal procedure is prohibited or not, and afterwards she investigates the meaning of its potential prohibition. Lastly, the author concentrates on the options of our courts to deny the motion to present evidence because the fact to be proven has already been proven or because the facts of the case are already clear, and questions the adequacy of denial on such ground. Due to conflicting opinions in the jurisprudence, the discussion is concluded in finding, that the position of the anticipated evaluation of evidence in the Slovenian criminal procedure is not clear and that the precise analysis of judicial decisions suggests a complex problem of the existing regulation. Because of the design of our criminal procedure, the author at the end concludes that we cannot completely avoid the anticipated evaluation of evidence as a result of the judges main role in the proof process.

20.01.2017