Selected aspects of obtaining evidence by defense

Abstract

The article focuses on the theoretical and practical use of the legal possibility of obtaining evidence in various stages of criminal proceedings from the perspective of the accused, respectively his defence counsel. In the context of taking evidence, the article also pays attention to the adversarial principle, which in the Slovak legal system concerning criminal proceedings is not absolute and also provides some insight into the qualitative aspect of breaking adversariality caused by the dual position of prosecutor during various stages of criminal proceedings.