Autor: Árpád Budaházi
Publicat în: SUBB Iurisprudentia nr. 2/2017
Disponibil online: aici.
Abstract: Lawfully collected and credible evidences are indispensable in judging criminal
cases by the court, whether to establish criminal liability of the defendant, to decide over acquittance
or to eventually terminate the procedure. Courts may refer to five means of criminal evidence (the
testimony of the witness, the expert opinion, physical evidence, documents and pleadings of the
defendant) in Hungary, out of which three means shall be considered as personal evidences (the
testimony of the witness, the expert opinion, the pleadings of the defendant), while the remaining
two result in material evidences (physical evidence, documents). Specification of evidences is of
taxative nature, namely, no other means of evidence can be recognised than those assigned in the
statutory provision on criminal proceedings (Act XIX of 1998 on criminal proceedings). If we focus on
criminal offenses against traffic regulations we may state that both personal and material evidences
play a rather significant role in the evidentiary procedures. This study shall analyse the specific
means of evidence for the aspects of the statutory regulations on causing a road accident and shall
explore the circumstances of the authorities’ consideration to secure just outcomes of the procedure.
Keywords: evidences, criminal procedure, testimony, reconstruction
