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VÝSLUCH NA POJEDNÁVANÍ PODĽA MAĎARSKÉHO TRESTNÉHO PORIADKU, SUGESTÍVNE OTÁZKY A OVPLYVŇOVANIE

100%
Balász E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 2
176 – 189
EN
The contribution deals with the suggestive questions, its impact on human memory and thinking and expressing. The contribution deals with the impact of the suggestive questions to evidence procedure and witness testimony in the pretrial stage before the investigative bodies and at the trial stage and appeal stage when the person testifies before the judge. The author shows how the suggestive questions may influence the perception, behavior and the testimony of the person. Based on the experience he illustrates the factual impact on the criminal proceeding itself as well on the judicial decision. The conclusions are justified by using the domestic as well Strasbourg jurisprudence relevant form the assessing the legitimacy and admissibility of the evidence. The author deals with the Hungarian legal frame of testifying the witness focusing on the legality and admissibility of gained evidence.The introduction of the contribution is a historical entrance to the legal development of criminal proceeding at the Hungarian territory. The author analyses the legal frame of the Hungarina criminal proceeding in a broader context that has been recently changed in order to speed the whole proceeding. As claimed the wishing result of the legal change shall be considered as a questionable. As concluded the author emphasizes that the witness testimony assessment shall be based rather upon scientific and empirical experience of the evaluator rather on subjective, behavioral and moody assessment that is non verified and not measurable.
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