What is evidence in criminal proceedings? Evidence in criminal proceedings are the factual elements that help establish the existence of a crime, identify the person who committed it, and resolve the case. The Code of Criminal Procedure distinguishes evidence from other means of evidence: for example, information about a person’s location is evidence, and a statement, written record, or recording by […]

What is the presumption of innocence In criminal proceedings, the suspect or accused person is not obliged to prove their innocence and has the right not to contribute to their own accusation. The burden of proof in criminal proceedings primarily rests with the prosecutor. The court can only issue a conviction if guilt is established beyond all reasonable doubt, on the basis of […]

Can messages and photos be used as evidence? The messages, photos, documents and recordings can end up in the criminal file, but they do not automatically have a certain value and do not guarantee a solution. The Code of Criminal Procedure allows for entries, photographs, material means and other means of evidence that are not prohibited by law. The judicial authorities verify the relevance, legality […]

Identify the decision and the available appeal procedure After a criminal judgment, the first step is to check whether it is final, who can appeal it and what the law provides for the appeal procedure. The appeal is the ordinary procedure against the first-instance judgments that can be appealed. The appeal for annulment, revision and cassation are extraordinary remedies, each with its own reasons and […]

A criminal case goes through distinct stages, and the mere initiation of criminal prosecution does not mean that a person has been sent to court or found guilty. Below you can find, in brief, what can happen from the investigation of an act to its final resolution. 1. Initiation of criminal prosecution regarding the act Criminal prosecution begins, […]