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RETROSPEKTÍVNY POHĽAD NA PRÁVNU ÚPRAVU PREDMETU A ROZSAHU DOKAZOVANIA V PRÍPRAVNOM KONANÍ V OBDOBÍ ROKOV 1950 AŽ 1961

100%
Polák P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
|
vol. 100
|
issue 4
400 – 411
EN
The problem of optimizing the preliminary criminal proceeding undoubtedly includes quite challenging question properly identify the object and range of the substantiation at this stage of criminal proceeding. Their proper determination is in fact capable of subsequently greatly influence the further course of the criminal proceeding, makes it easy to competent authorities on how to proceed in criminal proceeding, assists handed down a just decision to recognize the accused guilty if necessary. Acquittal and last but not least, it also contributes to the speed of criminal proceedings, thus helping to attain the main purpose of criminal proceedings. The author tries through method of historical analysis elucidate the legislation of object and range of the substantiation in preliminary criminal proceeding as this resulted from the Act. 87/1950 Coll. on Criminal Procedure (Criminal Procedure Code) and from the Act. 64/1956 Coll. on Criminal Procedure (Criminal Procedure Code). He is trying to examine the relationship between the purpose of the preparatory action in the period 1950 - 1961 to the object and range of the substantiation in it. In particular, the author focuses on the question whether the object and range of substantiation in preliminary criminal proceeding was changed and what implications this fact has brought respectively did not bring to the practice of law enforcement authorities.
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