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Analiza ustawowych znamion przestępstwa z punktu widzenia sposobu ich dowodzenia w procesie karnym. Wybrane przykłady

100%
Gardocka T.
Studia Iuridica
|
2022
|
vol. 93
84-93
EN
The problem of criminal evidence is a very important factor of the establishment of the elements of a crime from the point of view of a criminalstatute’s conformity with the rule of law. For the criminal court the elements of crime in the criminal statute show what should be proven for the sentencing judgment to be passed in a given case. For the defendant accused of committing a of crime it shows the possibility of defence. The accused person may prove that some elements of the crime are not met in his or her case. A too broad description of the elements of a crime allows for a considerable degree of freedom in the attribution of perpetration of a crime. In this sense criminalisation before the social harmfulness of the act is realised may be less dangerous for the legal order than an overly broad description of the crime.
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The role of the corpse in criminal investigation: a comparative study

88%
Al-Tarawneh H. A., Alaqarbeh M.
The Lawyer Quarterly
|
2023
|
vol. 13
|
issue 3
308-325
EN
In murder cases, the body of the deceased has practical importance in the criminal investigation of a death. This comparative study considers the position held in legislation concerning the protection of the corpse as an investigation tool. Such protection may relate to the objective protection of the corpse, or to procedural protection aimed at regulating the procedures that must be followed during the examination of the body. The protection must also take into account the body’s right to privacy, including the value it carries for the deceased’s family and loved ones.
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