Personal and Real (Material) Evidence

Abstract

If we look at the evidence based on the nature of where it comes from, we can make a classification into material or real and personal evidence. If the source of evidence is an object or trace of a criminal act, then it is material evidence. The core of proof is discovery, production, verification and evaluation of evidence. In the paper, the author tries to make a classification of real evidence in order to present the basic characteristics of each of them. The aim of the work is to indicate the legal provisions on the basis of which all actions related to this type of evidence are carried out, but also to highlight the importance of material evidence which, due to technologies that offer great technical analysis possibilities, can be essential for the procedure itself. It should also be noted that despite the huge the importance of material evidence in modern criminal proceedings, errors may occur in the execution itself, but also in the actions in which they are used, which can never be excluded, and therefore material evidence cannot be considered absolutely superior. The process of proving takes place by looking at material evidence, but material evidence is also the subject of different types of expertise, from which it can be concluded that they become the basis for determining the factual situation in criminal proceedings.