<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings (Prosecution, Lawyer, Victim’s Advocate) in any case before the sanction is imposed, are involved in a complicated evidentiary proceedings related to the grounded suspicion that such offence was a criminal offence, the special mitigating and aggravating circumstances, that the person involved was conscious, that he committed the offence intentionally or negligently, his mental state, etc. All these have to be supported by facts through conclusive pieces of evidence. In parallel with the overall development of science and technology, the evidentiary procedure has evolved and it provides a greater possibility to argue our facts. This paper shall make efforts to highlight some of the most important issues related to the evidentiary procedure, such as: What is the evidence? What evidence should be provided in a certain criminal case? What is the importance of the evidence in a criminal matter? What should be the credibility and the evidentiary value of a piece of evidence? The research done in this paper shall apply the analytical method and the paper shall also include the conclusions that were reached as well as the recommendations.</p></abstract>

The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings (Prosecution, Lawyer, Victim’s Advocate) in any case before the sanction is imposed, are involved in a complicated evidentiary proceedings related to the grounded suspicion that such offence was a criminal offence, the special mitigating and aggravating circumstances, that the person involved was conscious, that he committed the offence intentionally or negligently, his mental state, etc. All these have to be supported by facts through conclusive pieces of evidence. In parallel with the overall development of science and technology, the evidentiary procedure has evolved and it provides a greater possibility to argue our facts. This paper shall make efforts to highlight some of the most important issues related to the evidentiary procedure, such as: What is the evidence? What evidence should be provided in a certain criminal case? What is the importance of the evidence in a criminal matter? What should be the credibility and the evidentiary value of a piece of evidence? The research done in this paper shall apply the analytical method and the paper shall also include the conclusions that were reached as well as the recommendations.

Argumentation – Evidentiary Procedure in Criminal Proceedings

SEEU Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"Argumentation \u2013 Evidentiary Procedure in Criminal Proceedings"}

The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need...

Argumentation – Evidentiary Procedure in Criminal Proceedings

Publié en ligne: 18 janv. 2019

Pages: 43 - 52

DOI: https://doi.org/10.2478/seeur-2018-0005

Mots clés
Evidence, procedure, truth, trial, sanction, etc

© 2019 Valon Mehmeti, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Argumentation – Evidentiary Procedure in Criminal Proceedings

Publié en ligne: 18 janv. 2019

Pages: 43 - 52

DOI: https://doi.org/10.2478/seeur-2018-0005

Mots clésEvidence, procedure, truth, trial, sanction, etc

© 2019 Valon Mehmeti, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
Evidence, procedure, truth, trial, sanction, etc