Procesní použitelnost důkazů v trestním řízení a její meze – Zaoralová Petra (2018)

The monograph deals with evidence and its usability in criminal proceedings. The first part of the book analyzes the legal regulation and case law regarding the usability of evidence in criminal proceedings. The author focuses particularly on the practical aspects of the inadmissibility of evidence in criminal proceedings, especially the options that the legal regulation offers for the real exclusion of inadmissible evidence from the factual assessment of the case. It also addresses the issue of the usability of evidence derived from illegal evidence and the possibility of applying the 'fruits of the poisonous tree' doctrine in the Czech legal environment. It also offers a comparative insight into German and French legal regulations. The second part of the monograph discusses the limits of procedural usability of evidence obtained from the testimony of the accused and witnesses. It also reflects on 'new' forms of evidence and thoroughly examines the usability of evidence obtained through information technologies, particularly wiretapping and recording telecommunications traffic and monitoring email communication. The author also points out the current issues regarding the usability of visual, audio, and other recordings made by private individuals. The final part of the monograph summarizes proposals de lege ferenda, which are formulated based on a similar analysis of the valid...