Prehliadanie podľa Autor "Matis, Jakub"

Teraz sa zobrazuje 1 - 7 z 7
  • Obrázok miniatúry
    Položka
    A few remarks on professional and expert activities in criminal proceedings
    (Užgorodskij nacionaľnij universitet : Užhorod, 2024) Matis, Jakub
    In criminal proceedings, the establishment of facts beyond reasonable doubt is a cornerstone principle, ensuring that criminal offenses are accurately identified and perpetrators are justly punished while respecting the rights of all parties involved. The proof process is vital, with evidence playing an essential role in determining the outcomes of various procedural stages. Among the types of evidence, expert evidence has become increasingly significant, especially with advances in science and technology broadening the scope of issues requiring specialized knowledge. This paper aims to analyze the roles and impacts of professional and expert activities in criminal procedures. It seeks to highlight the distinctions between expert reports and professional statements, illustrating their respective legal standings and importance in the context of Slovak law. By examining the regulatory framework, specifically Act No. 382/2004 Coll. on experts, interpreters, and translators, and the Criminal Procedure Code (Act No. 301/2005 Coll.), the paper delves into the conditions, rights, and obligations of experts. Additionally, it addresses the significance of expert consultants introduced by the Criminal Procedure Code, who provide advisory services without precluding the involvement of expert witnesses for comprehensive technical assessments. Expert reports, governed by stringent formalities, are pivotal in addressing complex technical issues within criminal cases. These reports must be produced by court-appointed experts and include detailed descriptions of the methods used and the conclusions drawn. Conversely, professional statements, considered documentary evidence, do not carry the same legal weight and lack the formalities required for expert reports. The Criminal Procedure Code also ensures that expert evidence is used appropriately by stipulating when and how expert opinions should be sought. This comprehensive approach ensures that all technical and scientific issues are thoroughly examined, contributing to the fair administration of justice. In conclusion, the integration of expert and professional activities in criminal proceedings enhances the accuracy and reliability of judicial decisions. By leveraging specialized knowledge, the legal system can better fulfill its mandate of delivering justice while upholding the principles of fairness and due process. This paper underscores the necessity of clear regulatory frameworks and the proper application of expert evidence to achieve these aims.
  • Obrázok miniatúry
    Položka
    Certain aspects of criminal evidence and digital evidence
    (Užgorodskij nacionaľnij universitet : Užgorod, 2024) Matis, Jakub
    The evolution of digital technology has revolutionized the landscape of criminal investigations and legal proceedings. This paper delves into the nuanced realm of evidence, with a particular focus on digital evidence, which has become increasingly prevalent in today’s digital age. The proliferation of digital information presents both opportunities and challenges for the field of criminal procedure. Recognizing the growing importance of electronic evidence in criminal investigations, the Commission has taken proactive measures to streamline the process of obtaining such evidence. New rules have been introduced to facilitate the acquisition of electronic evidence by judicial authorities. Among these rules are provisions for the creation of a European Evidence Production Order and a European Preservation Order specifically tailored for electronic evidence in criminal cases. Furthermore, providers of electronic services operating within the European Union are now required to appoint a legal representative, further enhancing the accessibility of electronic evidence for legal proceedings. Despite these advancements, the utilization of digital evidence raises complex legal questions and challenges. This paper critically examines the various implications associated with the use of digital evidence, shedding light on issues such as authenticity, admissibility, and the preservation of digital evidence. By analyzing these aspects in depth, the paper aims to provide insights into the multifaceted nature of digital evidence and its implications for criminal procedure.In addition to addressing legal complexities, the paper also seeks to establish a foundational understanding of digital evidence by providing basic definitions and classifications. By elucidating the diverse sources and forms of digital evidence, ranging from emails and transaction records to video recordings and metadata, the paper lays the groundwork for a comprehensive understanding of this evolving field. In conclusion, this paper serves as a comprehensive exploration of the role of digital evidence in contemporary criminal investigations and legal proceedings.
  • Obrázok miniatúry
    Položka
    Digital evidence and its use for criminal proceedings
    (Užgorodskij nacionaľnij universitet : Užgorod, 2025) Matis, Jakub
    This paper examines the role and admissibility of digital evidence, particularly data derived from instant messaging applications like WhatsApp and Telegram, in criminal proceedings within the legal context of the Slovak Republic. The focus is on the legal provisions and frameworks under the Slovak Criminal Procedure Code Act, especially regarding the seizure, preservation, and submission of digital data in criminal proceeding. A key aspect of this study is the exploration of how messages and other data from messaging applications are treated as evidence, addressing the complexities of their relevance, authenticity, and credibility in a legal context. In order to establish the admissibility of such evidence in court, the paper delves into essential principles such as the requirement for evidence to be relevant, authentic, and trustworthy. It highlights the fact that courts generally require clear authentication procedures to confirm the authorship of messages, which presents challenges due to the nature of online identities and the potential for manipulation or misrepresentation. The use of screenshots and the specific criteria that ensure they maintain evidentiary value are also discussed, reflecting the practical considerations involved in collecting and presenting digital evidence. Additionally, the paper critiques existing legal provisions in the Slovak Criminal Procedure Code, particularly those that address the seizure and handling of digital data stored on mobile devices and computers. There are notable ambiguities regarding the categorization of mobile devices as computers and the applicable procedures for accessing data from them. The study argues that the current legal framework should be amended to include a clear definition of digital evidence, to standardize the procedures for its collection, preservation, and presentation in court, and to resolve the conflicting interpretations that currently exist in practice. By examining these aspects, the paper contributes to a deeper understanding of how digital evidence is utilized in criminal investigations and legal proceedings, advocating for legislative updates to address the growing importance of digital data in modern criminal cases. Furthermore, it underscores the need for careful consideration of privacy rights and proportionality when dealing with personal information obtained from digital devices and online platforms.
  • Obrázok miniatúry
    Položka
    Fourth generation rights in healthcare: Theoretical and practical aspects of implementation
    (Wydawnictwo Aluna : Konstancin-Jeziorna, 2025) Gabani, Ivan I.; Matis, Jakub; Bodnar, Serhii; Kalyniuk, Stepan S.
    Aim: To comprehensively analyze the theoretical and practical aspects of the implementation of fourth-generation rights in the field of healthcare in Ukraine. Materials and Methods: This study examines Ukraine’s Constitution, codes, laws, and regulations, along with international treaties, European Court of Human Rights decisions, and scholarly works on fourth-generation human rights. Conclusions: Fourth-generation healthcare rights represent a novel legal phenomenon emerging from the biomedical revolution, encompassing legal opportunities for individuals to utilize modern medical technologies for personal needs. In Ukraine, the implementation system remains underdeveloped in both regulatory and institutional mechanisms. Effective implementation requires balancing private rights with public interests, aligning national legislation with international standards, and establishing functional institutional mechanisms—particularly crucial in today’s global challenges.
  • Obrázok miniatúry
    Položka
    Legality and admissibility of evidence in criminal proceedings
    (Užgorodskij nacionaľnij universitet : Užhorod, 2024) Matis, Jakub
    The rapid expansion of information technology in recent decades has deeply influenced various societal domains, including the legal landscape. This impact is particularly notable in substantive criminal law, where new phenomena have emerged, and in criminal procedural law, where innovative tools have been introduced to facilitate the gathering of essential information for fair and efficient legal processes. Among these tools, modern recording technologies, encompassing visual, audio, or audiovisual formats, have gained prominence for their role in documenting events and serving as evidence in criminal proceedings. Governed by legal frameworks such as Article 10(21) of the Code of Criminal Procedure, these recordings are classified as information and technical means when meeting specified criteria, primarily serving as crucial evidence sources capturing sound, images, or their combination. However, challenges arise when parties involved in criminal proceedings independently procure such recordings, aiming to present them to law enforcement or the court discreetly and confidentially. This necessitates a clear differentiation between recordings obtained within the procedural framework, regulated by Article 114 of the Code of Criminal Procedure, and those obtained externally. Establishing such distinctions is pivotal for upholding the integrity and legality of evidence presented in criminal proceedings, ensuring fairness and transparency in the pursuit of justice. In this paper we will analyze the concepts of inadmissibility and legality of evidence in the context of criminal proceedings. The aim is to highlight their interrelation and to distinguish their key aspects. The focus will be on the issue of private recordings as evidence. We will analyse the conditions under which a private recording can be used as evidence in criminal proceedings. We will take into account the relevant case law of the courts and the European Court of Human Rights. This paper comprehensively analyses the issue of admissibility and legality of evidence in criminal proceedings, with particular emphasis on private recordings as evidence. The paper should provide a comprehensive overview of the issue and help in solving practical questions that arise in this context.
  • Obrázok miniatúry
    Položka
    The principle of the free evaluation of evidence
    (Paneurópska vysoká škola : Bratislava, 2025) Matis, Jakub
    The principle of free evaluation of evidence, enshrined in Article 2(12) of the Code of Criminal Procedure, is one of the fundamental principles of criminal proceedings, which applies to all phases of criminal proceedings and applies to all law enforcement authorities and courts. A key element of this principle is the internal conviction of the prosecuting authorities and the court, which must be based on a logical analysis of the evidence and taking into account the specific features of the case. The essence is that none of the evidence has a prescribed weight in criminal proceedings, and there are no specific limits or scope of evidence that can and should prove a certain fact at different stages of criminal proceedings This paper focuses on the analysis of the principle of free evaluation of evidence, its legal grounding, objective criteria for determining the probative value and the influence of decision-making practice on its interpretation and application.
  • Obrázok miniatúry
    Položka
    The use of intelligence in criminal proceedings in the conditions of the Slovak Republic
    (Wydawnictwo Uniwersytetu Rzeszowskiego : Rzeszów, 2024) Matis, Jakub
    The presented article deals with the activities of intelligence services, the concept of their functioning in the present in comparison with the past functioning. The object of the examination will be the legality of the use of intelligence information as evidence in criminal proceedings in the Slovak Republic. The core part of the article focuses on the applicability of intelligence information in the context of evidence in criminal proceedings. As these are institutes that go beyond the limits of the Slovak Criminal Procedure Code, special legal regulations will also be analysed in connection with intelligence activities, in particular Act No. 46/1993 Coll. on the Slovak Information Service and Act No. 198/1994 Coll. on Military Intelligence. Last but not least, the aim of the article will be to analyse the use use of information-technical means within the legal limits. In order to achieve the set objectives, we use the method of analysis of the current legislation. In the conclusion of the paper, we evaluate the findings and take our positions and on the application of the analyzed institute.