Personal and material evidences in criminal procedure, with particular attention to road traffic crashes

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.