Intervention of public prosecutor's office in civil proceeding and bringing the evidence. Threat of violation of the principles of civil procedure and unlawful interference with the right to a fair trial?
2019
Abstract
The topic of this article is an attempt to describe the role of the prosecutor's office in the process of taking evidence in civil proceedings to which it is entitled under Section 35 (1) of the Code of Civil Procedure. The partial question remains whether the evidence obtained in criminal proceedings can be used in civil court proceedings and whether the prosecutor's office has the right or the obligation to use such knowledge in civil proceedings.
The question also needs to be asked whether such a procedure can impinge on the right to a fair trial guaranteed by the Charter of Fundamental Rights and Freedoms and a disproportionate interference with the fundamental human rights of the parties concerned.