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Procedural (in)applicability of official records of explanations and right of defense

Publication at Faculty of Law |
2020

Abstract

The official record of the explanation according to the Criminal Procedure Code is the outcome of a procedural act, which is held in order to identify specific facts, on the basis of which law enforcement authorities can subsequently consider further action in the matter. As for proceedings before a court, the record can then be used as evidence only under the conditions set by the Code of Criminal Procedure, otherwise it is unusable procedurally, which can be quite problematic from the point of view of the defendant's right of defense.

This chapter is therefore a critical contribution to the discussion on this issue and should in particular answer the question whether the procedural inapplicability of official records can be considered absolute in the light of the rights of the defense.