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Prawo karne procesowe

Tom 56 (2020)

Dowodzenie w sprawach o zabójstwo bez ciała — zarys problematyki

4 maja 2020


Homicide cases in which the perpetrator succeeds in disposing the body or due to the other factors the investigators are unable to locate the victim’s body, its remains can be referred as the most difficult, due to a large number of practical investigative and evidence-related challenges. However, there have been many cases where the perpetra-tors were not only identified, but successfully sentenced as well. The prosecution in such cases could succeed on the condition that it would manage to establish an impeccable, logical, and coherent line of events. To handle this task, it must be able to prove beyond reasonable doubt that in light of the evidence gathered in the case, murder is the only possible explanation and the defendant, not the other person, committed (was responsible for) this crime. The author provides an overview on the literature and selected criminal cases to systemize valuable experiences and to lay down some basic principles and valu-able recommendations which can contribute to a better understanding of the process of proof in such types of criminal cases, its scope and internal logic.