2018Univerzitetska misao - casopis za nauku kulturu i umjetnost Novi PazarOpen access

Classification of material evidence in criminal law

Maida Bećirović-Alić

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Abstract

If the evidence are observed on the basis of their source, they can be classified on material and personal evidence. If the source of evidence is the object or trace of the criminal offense, then material evidence is discussed. The core of evidence is the detection, execution, verification, and evaluation of evidence. The author tries to classify the material evidence in order to present the basic characteristics of each of them. The aim of this paper is to indicate the legal provisions on the basis of which all actions are undertaken in connection with this type of evidence, but also to emphasize the importance of material evidence which, due to technologies offering great technical possibilities of analysis, can be essential for the procedure itself. It should also be noted that in spite of the enormous importance of material evidence in contemporary criminal proceedings, errors in the execution itself can occur, but also the actions in which they are used which can never be excluded, and therefore the material evidence can not be considered as absolutely superior. The process of proofing is carried out by insight into material evidence, but material evidence is the subject of various types of expertise, from which it can be concluded that they become the basis for determining the facts of the criminal proceedings.

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If the evidence are observed on the basis of their source, they can be classified on material and personal evidence. If the source of evidence is the object or trace of the criminal offense, then material evidence is discussed. The core of evidence is the detection, execution, verification, and evaluation of evidence. The author tries to classify the material evidence in order to present the basic characteristics of each of them. The aim of this paper is to indicate the legal provisions on the basis of which all actions are undertaken in connection with this type of evidence, but also to emphasize the importance of material evidence which, due to technologies offering great technical possibilities of analysis, can be essential for the procedure itself. It should also be noted that in spite of the enormous importance of material evidence in contemporary criminal proceedings, errors in the execution itself can occur, but also the actions in which they are used which can never be excluded, and therefore the material evidence can not be considered as absolutely superior. The process of proofing is carried out by insight into material evidence, but material evidence is the subject of various types of expertise, from which it can be concluded that they become the basis for determining the facts of the criminal proceedings.

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Available abstract

If the evidence are observed on the basis of their source, they can be classified on material and personal evidence. If the source of evidence is the object or trace of the criminal offense, then material evidence is discussed. The core of evidence is the detection, execution, verification, and evaluation of evidence. The author tries to classify the material evidence in order to present the basic characteristics of each of them. The aim of this paper is to indicate the legal provisions on the basis of which all actions are undertaken in connection with this type of evidence, but also to emphasize the importance of material evidence which, due to technologies offering great technical possibilities of analysis, can be essential for the procedure itself. It should also be noted that in spite of the enormous importance of material evidence in contemporary criminal proceedings, errors in the execution itself can occur, but also the actions in which they are used which can never be excluded, and therefore the material evidence can not be considered as absolutely superior. The process of proofing is carried out by insight into material evidence, but material evidence is the subject of various types of expertise, from which it can be concluded that they become the basis for determining the facts of the criminal proceedings.

Key concepts: Object (grammar), TRACE (psycholinguistics), Criminal investigation, Subject (documents), Process (computing), Admissible evidence, Digital evidence, Computer science

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