IALS Fellow's Seminar: Verification of Evidence - between the Efficiency of the Procedure and the Guarantees of the Fair Trial in Criminal Proceedings

Video date: 
Monday, 6 December, 2021
Video speaker(s): 
Dr Łukasz Cora, Assistant Professor at the Department of Evidence Law and Forensic Science, Faculty of Law and Administration, University of Gdańsk (Poland)

Description

The verification of evidence in a criminal trial is a complex and multifaceted guarantee mechanism aimed at eliminating an evidentiary act performed by an unauthorised person or body, without legal basis, or by a person or body acting ultra vires, by declaring it inadmissible or even invalid. 

In this paper Dr Cora identifies the Verification of Evidence in the criminal trial in terms of the standard, quality, validity, propriety and proportionality of evidentiary acts. The aim is to determine which elements are subject to gradation from the point of view of procedural values, to assess their impact on the issue of criminal responsibility and to examine the possibility of adopting certain solutions from the "common law" jurisdiction in order to improve the assessment of evidence in the Polish criminal trial. Verification of evidence serves to protect the criminal trial from the most serious threats to the fairness of the evidence procedure, e.g. abuse of the right to evidence and/or illegal acquisition of evidence, in different situations, in different procedural settings and at different stages of the trial. 

Chair: Professor Colin King, Reader in Law and Director of the Centre for Financial Law, Regulation & Compliance (FinReg) at IALS.

Tags: IALS Fellow's Seminar

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