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Historical Treatment of Evidence in Criminal Proceedings


Author: Mcr. Mrs. Kujtim Vranici*, Mcr. Mrs. Klodjana Qafa
Judge at the Court of First Instance of the General Jurisdiction in Tirana.
Published Date: 2024-11-29
Keywords: Evolution of the Concept of Evidence, Changes in Methods of Collecting and Evaluating Evidence, Advancements in Human Rights Protection, Legal Reform
Abstract:
The historical treatment of evidence in criminal proceedings is an essential study for understanding the evolution of criminal justice systems and the legal changes related to the collection and evaluation of evidence. Over the centuries, the concept of evidence has gone through various phases, reflecting the philosophy, culture, and societal structures of the respective periods. From the early practices of using evidence such as torture and arbitrarily collected data, to the development of contemporary rules and standards for collecting and evaluating evidence, the criminal process has undergone profound transformation. This historical treatment offers important insights into the relationship between principles of justice, human rights, and judicial practices that have shaped modern justice. Evidence and procedures for collecting it have become more structured, grounded in fundamental individual rights, considering the accused's liberty, dignity, and equality. This study also examines the impact of legal and philosophical developments on how evidence has been used to ensure a fair judicial process. The key theme of "The Historical Treatment of Evidence in Criminal Proceedings" focuses on the evolution of the use and evaluation of evidence in criminal trials, as well as the changes that have occurred over time in relation to legal norms and judicial practices. This key theme may include the following core aspects: 1. Evolution of the Concept of Evidence: How has its meaning and usage changed over different historical periods in criminal proceedings? 2. Changes in Methods of Collecting and Evaluating Evidence: Have the techniques and tools for collecting evidence evolved from arbitrary methods (such as torture) to more structured and fair practice 3. Advancements in Human Rights Protection: How has the development of human rights impacted the treatment of evidence and the protection of the accused in criminal proceedings? 4. Legal Reform: Have reforms contributed to the creation of standards for the collection and use of evidence in a modern justice system?