Factual Background Research Articles

Review of the new facts or new news contained in article 321 of the Chilean Civil Procedure Code

This paper aims to address the procedural figure of new facts or newly discovered events, recognized in some continental Procedure Codes. In this context, we will examine certain historical sources that influenced its modern legislative reception, intending to understand the institution’s meaning, which is usually studied from an evidentiary perspective, with Chilean Civil Procedural Law serving as an example. In contrast to the above, our manuscript will assert that the new facts or newly discovered events , contained in article 321 of the Chilean Código de Procedimiento Civil, operate as a legislative mechanism aimed at incorporating new factual background, expanding the subject matter of the trial, and breaking the fiction of immutability of the process derived from the general principle of the doctrine of lis pendens, which justifies the application of the institution to the Chilean labour process.

Common rooms in shared dwellings without spousal and parent–child relationships

AbstractWe predict that acceleration of the individualization makes needs to live with some individuals, not with traditional family that includes spousal and parent–child relationship in the future. In this regard, this paper aims to know what kind of space we need. We surveyed 27 cases in Japan that individuals live with someone who is not in spousal or parent–child relationship. As a result, we could observe many variations about way of using common room from the case effectively used to the case hardly used, and we made consideration about factual background that leads these dwellings. The background is consisted of relationship between inhabitants, the way of life and the space they live. Concretely speaking, in the cases that inhabitants in relationship of equals, we could see that they shouldered their housework, deepened exchanges and used their common rooms well. However, in the cases that we could not see inhabitants used their common rooms, they also avoid to use them alone, and instead, they used their private rooms for doing something together.

Another ‘Bleak House’—the decision of the German Federal Supreme Court on the inadmissibility of intra-EU ICSID arbitrations

Abstract The decision of the German Federal Supreme Court of 27 July 2023 has sparked intense discussions. Unexpectedly, the Court granted a declaration of inadmissibility of intra-EU ICSID proceedings under section 1032(2) of the German Code of Civil Procedure. The decision is of significant practical relevance and yet another push against intra-EU Investor–State Dispute Resolution. After a short introduction (i), we will describe the legal and factual background of the decision (ii) and summarize the Court’s reasoning (iii). Thereafter, we will comment on the decision (iv) and conclude by pointing out possible implications for future intra-EU ICSID proceedings (v).

Uwalnianie przestrzeni publicznej od symboli komunizmu — zakres obowiązków wojewodów (w świetle najnowszego orzecznictwa Naczelnego Sądu Administracyjnego)

The analysis of the so-called Decommunization Act’s application, after several years of its being in force, points to a significant legal problem. The recent decisions of the Supreme Administrative Court further expose said problem. The issue can be encompassed in the following question: what is, ultimately, the scope of voivodes’ duties with regard to investigating the facts of decommunization proceedings, especially in view of the opinions drawn up by the Institute of National Remembrance (Instytut Pamięci Narodowej, IPN) for the purposes of these proceedings? The answer to this question depends largely on the weight given to these opinions. In particular, if the voivodes are not bound by the IPN’s decisions, one may argue that they should be required to investigate the factual background on the issues on which the IPN had already fi led an opinion. Consequently, voivodes should make historical and legal decisions against the analyzed factual background independently.Analyses included in the current study suggest that, considering the recent decisions of the Supreme Administrative Court of Poland (which have a significant impact on the legal practice), voivodes are not bound by the IPN’s opinions. There is a strong emphasis on the view that the IPN’s opinions should each time be treated as part of evidence subject to verification, constituting grounds for proceedings pursuant to the provisions on the Decommunization Act. Therefore, in each case, verifying those opinions should be the obligation of the voivode. At the conceptual level, there was a condition that voivodes’ verifications of opinions should not interfere in substantive issues and should only examine methodological issues. At the practical level, however, there are cases in which verifying the IPN’s opinions beyond the methodological scope is allowed. The findings indicated above are considered in the context of the author’s belief that:
 — the analysis of the text of the Decommunization Act must lead to the conclusion that the legislator decided on the binding force of the IPN’s opinions, especially with regards to voivodes;
 — considering the legal status of the IPN, the scope of its tasks and competences, and the scope of tasks, capacity and competences of voivodes — as well as the specific nature of activities and proceedings based on the Decommunization Act — the opinions of the IPN cannot be treated as a regular part of evidence, requiring verification by the voivodes; from a systemic perspective, they should be treated as statements of knowledge by a competent state institution cooperating with the voivodes in activities and proceedings related to the Decommunization Act.

T. A. Kalganova. Studying Gogol with Yury Mann: A teacher’s handbook

The review deals with the first book in the new series The School Library of Gogol’s Memorial House. A teacher’s handbook, it offers relevant instructional material to help structure Gogol-themed lessons as well as ideas for extracurricular activities. The handbook summarises the factual background of individual works and supplies them with a historical and cultural commentary, sample questions and assignments accompanied with an essential literary critical glossary, and a quiz. Excerpts from Mann’s articles and monographs are supplemented with instructive and creative assignments for students, designed to improve language skills, encourage research initiatives, and develop creative potential. Mann’s works teach the skill of analysing text as a unity of form and content. The handbook also contains dictionaries: one explains obsolete words used in Gogol’s works, another comprises the definitions of literary terms, and yet another is concerned with names. Included in this edition is an article on the theoretical and practical significance of Mann’s scholarly output. The handbook will be of use with a basic as well as specialised curriculum.

The law and facts of the preliminary reference procedure: a critical assessment of the EU Court of Justice’s source of knowledge

AbstractThe preliminary reference procedure is today the ‘infringement procedure of the European citizen’. Although it was initially designed as a mechanism for judicial cooperation, the procedure soon became an instrument for supranational judicial review of national legislation. Such a discrepancy between the intended role of the preliminary reference procedure and its actual use in practice has important consequences that are yet to be fully explored in the literature. Indeed, how can the Court of Justice appropriately review national legislation through a procedure designed for interpreting EU law? Is the procedure governing the preliminary reference mechanism suitable to perform such a role? In this paper, we focus on one issue in particular: the way in which the Court of Justice gains information regarding the legal and factual background of the case. The Court has long recognised that appropriate knowledge of the factual and legal context of the referred case is a necessary prerequisite to performing its scrutiny and that, in accordance with the judicial cooperation model, such information is provided by the national judge. The Article critically examines the rules of procedures and the case law to show that the national judge certainly plays a key role, but other actors contribute to shaping the Court’s knowledge too. After an analysis of each actor’s role, the Article concludes that the procedure offers few guarantees as to the effective participation of individual parties to the advantage of other actors in the proceedings, increasing the risk of having partial or unbalanced information regarding the legal and factual background of the cases.

Fedotova and Others v. Russia: Dawn of a new era for European LGBTQ families?

The judgment of the Grand Chamber in the case of Fedotova and Others v. Russia has recognized the right to legalized same-sex unions under the Convention, thereby significantly impacting LGBTQ rights throughout Europe. However, this decision also presents intricate challenges concerning the Court's legitimacy, and resilience amidst the prevailing culture wars on LGBTQ rights. Following an introduction to the factual background of the case, the note proceeds to analyse the Court's judgment. Section 4 critically evaluates the judgment and examines its extensive implications on geopolitical affairs and the ongoing culture wars. Finally, section 5 provides a concluding statement.

The Matryoshka Model: Understanding the Relationship Between Delegation Provisions and the Broader Arbitration Agreements That Contain Them

This Note analyzes a 2021 decision in which a Ninth Circuit panel diverged from its sister circuits on whether an arbitrator may decide the enforceability of an arbitration agreement that excludes the application of federal law in the arbitration proceedings. In Brice v. Plain Green, LLC (Brice I), the Ninth Circuit panel considered several arbitration agreements that contained delegation provisions. A delegation provision is an additional agreement to arbitrate the validity, enforceability, or scope (collectively, “arbitrability issues”) of a broader arbitration agreement.
 Analyzing the enforceability of the delegation provisions apart from that of the arbitration agreements, the panel compelled the plaintiffs to arbitrate their challenge to the enforceability of the arbitration agreements. In doing so, the panel examined the enforceability of the delegation provisions under the prospective-waiver doctrine, which prohibits an arbitration agreement from waiving a litigant’s right to pursue federal statutory remedies in arbitration. Finding that the delegation provisions did not themselves waive the plaintiffs’ right to pursue federal remedies, regardless of whether the arbitration agreements would have waived that right or not, the panel held that the delegation provisions were valid and enforceable. However, the Ninth Circuit vacated the opinion of the panel for a rehearing en banc. Shortly after, the parties reached a settlement agreement. Thus, the court dismissed the appeal as moot, leaving the panel’s decision vacated without adopting or rejecting its reasoning.
 While Brice I currently stands vacated, future courts should readopt the panel’s approach if faced with a similar case. The Ninth Circuit panel correctly decided Brice I because its decision reflected a rigorously accurate application of Supreme Court precedent on the treatment of delegation provisions, properly fitting together the delegation provisions, arbitration agreements, and larger contracts in the case like matryoshka dolls (Russian nesting dolls). Likewise, the panel rightly declined to invalidate the delegation provisions in the case under the prospective-waiver doctrine. Regarding public policy, the panel’s decision placed delegation provisions on equal footing with other arbitration agreements and exercised appropriate restraint by refusing to extricate the plaintiffs from a disadvantageous agreement that they nevertheless agreed to.
 This Note begins with a review of Brice I’s factual background and procedural posture, followed by a review of law relevant to the treatment of delegation provisions. Next, it offers an analogical defense of the Ninth Circuit panel’s approach in the face of contrary decisions by several of its sister circuits. Finally, this Note closes with an analysis of how the panel considered the specific delegation provisions in Brice I.

Global Constitutionalism and the Rise of Authoritarianism: A New Era of “Sad Resignation”?

ABSTRACT Global constitutionalism is a multifaceted discourse with the objective of building up global law by reconstructing international law and constitutional law. It promises much to better comprehend the black holes of globalisation, including its relationship to the rule of law. This discourse’ expansive scope necessitates questioning its relationship to ongoing discourses on the recent global rise of authoritarianism. However, global constitutionalism discourse is heavily shaped by normative theories that reflect limited, discrete and subjective views on the global order that fail to mirror intersubjective meanings of the central subjects of the discourse. This article will examine the relationship between global constitutionalism and authoritarianism beyond this framework and will introduce “global constitutional culture” as the factual background of the global constitutionalism discourse. In doing so, this paper will seek reconceptualization of the global constitutionalism discourse in view of multidimensional aspects thereof, including liberal and emancipatory claims attributed to it.

Repatriation of Indigenous Peoples’ Cultural Property: Could Alternative Dispute Resolution Be a Solution? Lessons Learned from the G’psgolox Totem Pole and the Maaso Kova Case

Considering that the vast majority of the objects constituting Indigenous Peoples’ cultural heritage are now located outside their source communities, the restitution of cultural property has become a pressing issue among Indigenous Peoples worldwide and should be understood as part of Indigenous Peoples’ historical (as well as current) encounter with colonization and its consequences. As such, this article investigates whether international cultural heritage law offers any possibilities for successful repatriation and to what extent the shortcomings of the framework in place could be complemented by alternative dispute resolution (ADR) mechanisms and the new mandate of the Expert Mechanism on the Rights of Indigenous Peoples (Expert Mechanism). First, crucial concepts in the repatriation debates are explained. Next the factual background of the case studies of the G’psgolox Totem Pole and Maaso Kova are presented. This is followed by a discussion of the most pertinent mechanisms of international cultural heritage law and the place of Indigenous Peoples’ rights within such a framework. Subsequently, the concept of ADR is introduced, and the details of the negotiation processes between the Haisla First Nation (Canada) and the Yaqui People (Mexico, the United States) – both with the Museum of Ethnography in Stockholm (Sweden) – are presented. Finally, the article evaluates to what extent ADR could be an appropriate mechanism for the settlement of disputes concerningIndigenous Peoples’ cultural property, andwhether the Expert Mechanism is a well-suited body for facilitating the process of repatriating Indigenous Peoples’ cultural heritage.

COVID-19 Vaccine Hesitancy and (Mis)perception of Risk.

This Article tackles the critical problem of COVID-19 vaccine hesitancy and provides a normative framework for legal policies to address such hesitancy in the ongoing pandemic. The foundation of this Article rests in decision-making theories that allow policymakers to understand individual misperception of risk as compared to evidence-based assessment of risk. Vaccine-hesitant individuals assign a high risk to the COVID-19 vaccine and a low risk to the disease-a perception that is disconnected from the science. The backbone of this Article is the timeline of the COVID-19 pandemic and the underlying science of the disease and vaccines. The timeline provides a factual background to demonstrate how vaccine hesitancy to the COVID-19 vaccine emerged. The instant pandemic also demonstrates changes in how individuals see themselves in society, receive information, and are persuaded by economic forces. This Article combines the individual's decision-making process with modern day variables to suggest interventions that can undo anti-vaccine damage. While the novelty of the normative framework provided herein is instructive for current COVID-19 vaccine hesitancy issues, this framework can be applied to other areas in which individual's perceptions of risk are disconnected from evidence-based assessment of risk.

Impact of Climate Change Mitigation Measures on Indigenous Peoples

The author presents selected ventures in the area of climate change mitigation and adaptation that negatively affect indigenous peoples. Against this factual background, she analyzes relevant international legal regulations. Such an analysis enables the answer to the main research question: can climate change adaptation and mitigation actions be the justification for disrespecting the rights of indigenous peoples? The research method adopted is legal- -institutional analysis which includes an examination of the content of legal and other documents. Combined with critical analysis of literature and media reports this analysis allows representation of the reality – violations of the rights of indigenous peoples as a part of efforts to counteract climate change. Recommendations and main findings include: climate change adaptation and mitigation measures may not justify violations of the rights of indigenous peoples; such measures have to be developed in collaboration with indigenous communities; indigenous peoples’ rights may not be perceived as a factor hindering the State’s economic development or an obstacle to environmental protection; indigenous knowledge should be included in the strategies to combat climate change. Indigenous peoples should be regularly consulted by policy makers so that the their traditional knowledge is incorporated in decisions regarding these matters.

In Search of Limits of Regulatory Powers. Antin v. Spain (ICSID Case No. ARB/13/31)

This submission analyses the award rendered in one of the ‘Spanish saga’ cases by a tribunal constituted under the Energy Charter Treaty. This group of cases concern renewable energy disputes and relates to the limits of states’ sovereign powers to amend their regulatory frameworks. The analysis commences by a short presentation of the relevant factual background of the dispute. It then proceeds to each stage of the arbitral proceedings: jurisdiction, merits and remedies. The submission finishes with a number of conclusions drawn from the award, referring to legal issues that can potentially serve as lessons learned for the future.

Where is the European Court of Human Rights Heading? Comments on the Grand Chamber Admissibility Decision in the Case of Ukraine v. Russia (re Crimea) (Applications No. 20958/14 and 38334/18)

The aim of this article is to analyse the European Court of Human Rights (hereinafter: the Court) decision on admissibility in the Ukraine v. Russia (re Crimea) case from the perspective of the Court’s comments on the status of Crimea and the legality of Russia’s actions. The Court itself observed that it cannot make such findings; nevertheless, did it really refrain from examining facts and evidence which could also be used to prove the illegality of Russian actions? The article is divided into three parts. The first presents the factual background of the case. The next highlights the Court’s declarations about the scope of the case and refusal to engage in assessment of the legality of Russian actions. The third and fourth parts focus on the Court’s examination of the effective control by Russia over Crimea and the issue of jurisdiction, assessing whether the Court limited itself solely to the issues indispensable for a decision on admissibility.

Pharmaceutical Phonies: The Entanglement of Fraud, Third-Party Payors, and Proximate Cause in Civil RICO Cases

This Case Note analyzes the Ninth Circuit’s approach to the issue of whether patients and doctors destroy proximate cause in cases where third-party payors (“TPPs”) sue drug companies for fraudulently misrepresenting the health risks associated with their products. In the 2019 case Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharmaceuticals Co., the Ninth Circuit held that TPPs suing to recover damages from a pharmaceutical company for the fraudulent omission of a drug’s health risks could satisfy the proximate cause requirement for a civil cause of action under § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The Ninth Circuit’s decision is satisfactory in that it faithfully (1) observes the Supreme Court’s direct relation test and (2) follows precedent establishing that a plaintiff satisfies the proximate cause requirement when their alleged injury is a foreseeable and natural consequence of the defendant’s fraud. As a matter of public policy, this holding is positive because it hamstrings pharmaceutical companies’ ability to escape liability by hiding behind patients, doctors, and other actors inhabiting the chain of causation. Additionally, the Ninth Circuit’s holding is positive in that it adheres to Supreme Court precedent and helps deter future injurious conduct. In support of these assertions, this Case Note begins by examining the factual background and procedural posture of Painters. The Note continues by analyzing the majority’s opinion with respect to related case law and closes by suggesting ways to address some of the potential problems that could stem from the Ninth Circuit’s decision.

Science, precaution and innovation for sustainable fisheries: The judgement by the Court of Justice of the EU regarding the electric pulse fishing ban

The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kingdom of Netherlands to reverse the ban on pulse fishing to take effect in July 2021. The decision is concerned with the integration of inconclusive scientific evidence into policymaking as well as the application of the precautionary principle and the role of innovation in fisheries policy. The article reviews the factual background underlying the legal dispute and analyses the key aspects of the judgement relating to these issues. The case is a reminder of the obligation to base legislation on available scientific evidence, but also that a plurality of scientific knowledge is possible and that decisions may ultimately be informed also by other factors, such as values and ethical considerations. The case confirms that the precautionary approach applies to fisheries policy but could not be invoked to justify the introduction of fishing gear, whose impact and environmental benefit is uncertain. Finally, there is legal scope to pursue innovation in fisheries and the introduction of innovative fishing gear in particular, but this needs to support the principal goal of the long-term sustainability of fisheries.

The Atheist’s Bible. Diderot and the Éléments de physiologie

Caroline Warman is a historian of French thought and literature, who is well-known for her work on Denis Diderot, Marquis de Sade and others. In her new book, Warman focuses on one of the unpublished works of Diderot—Éléments de physiologie. The main goal of the author is to rebuke the persisting claim that this work, on which Diderot worked almost until his death in 1784, is an unaccomplished, sporadic collection of thoughts and impressions, as well as ideas appearing in other works. This is certainly not an easy task, which requires broad analysis of not only the text in question, but also a detailed analysis of existing contemporary literary productions, a task that the author executes masterfully. In order to achieve her goal, Warman divides her book into two (unequal) parts. The first part contains introduction and three chapters, which set the factual background to the upcoming analysis of part two. She accounts for the whereabouts of the two known versions of the manuscript of the Éléments de physiologie and assesses the aspects of the text that permit precedence to be granted to one over the other. A third manuscript version, which existed back in the Nineteenth century has since been lost. Diderot and his ‘atheistic’ ideas are then in placed in context of eighteenth-century scholars of physiologie, which helps the reader to assess the importance of his thought. The main claim Warman makes is that the ‘unpublished’ text of Diderot’s Éléments de physiologie was in fact published in 1823, as part of Jacques-André Naigeon’s Mémoires, where it was mashed up with another ‘unpublished’, but much better-known text of the Rêve d’Alembert. The second part of the book is dedicated to this analysis.

THE NEED FOR VIGILANCE IN BANKING TRANSACTIONS IN THE LIGHT OF PREVALENT FRAUD, MISREPRESENTATION AND PONZI SCHEMES IN THE BUSINESS WORLD The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas Case 323/12 [2013] ZASCA 19 Unreported

Numerous persons are inclined to take a risk by making short-term investments that promise substantial profit returns within the shortestpossible time. In this respect people take a gamble and try their luck at whatever opportunity that presents itself. With this growing trend has also arisen fraudsters, whose business is to prey on possible investors by making investments in non-existent business ventures, and large numbers of “investors” have lost vast amounts of money in these get-rich quick schemes. One such example is found in the recent SCA decision of The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas (The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas GNP (unreported) 2013-03-20 Case no 323/12). The case involved a specialist medical practitioner, Dumas, who made an investment into a fraudulent scheme, having been misled through a misrepresentation by an agent of Whitehead, mastermind behind thefraudulent Ponzi scheme. As a result thereof, Dumas lost a couple of million Rands into the insolvent estate of Whitehead. As illustrated by this case note and the age-old adage that says “a fool and his money are soon parted”, unwary persons could easily lose their hard-earned money. Hence, this case note seeks to enlighten would-be investors of the pitfalls of Ponzi schemes, such as huge financial loss as was experienced by Dumas, and encourage vigilance in making financial transactions. This it does through a critical examination of the Dumas judgment. It especially concerns the legal principles pertaining to monies that are transferred from one bank account to another bank account owing to fraudulent misrepresentation. Primarily, the case note takes a critical view of the manner in which the court applied theselegal principles. While the court, in the authors’ view, properly set out the legal framework, which is sound and correct, it nevertheless went wrong in its application of the law. Therefore, the authors contend that, judged from these very legal principles that the court set out, it nevertheless came to an incorrect conclusion. If left unchallenged, the effect of the judgment will be to set a precedent inappropriately and wrongly that could amount to an unwarranted curtailment of legal protection afforded to persons who are induced by fraud and misrepresentation to transfer money into other people’s bank accounts. In this case note the authors examine the canards of the judges’ reasoning leading up to their decision. As a starting point we examine the factual background of the case, then we move on to the critique and we conclude with the advice.

Rola ekosystemów nadrzecznych w krajobrazach rolniczych w kontekście ostatnich zmian klimatu = The role of riparian ecosystems within agricultural landscapes in the climate change context

Average global temperatures have been rising extremely rapidly over recent decades, with all the side-effects that may denote, including increased risks of both drought and flood, prolongation of the growing season, intensification of other extreme weather events, potentially enhanced erosion and sediment transport through river basins, and even invasions of pests and diseases. Against that factual background, this paper presents a review, and in essence a summary, of existing scientific literature as it pertains to the functioning of the riparian ecosystems present within agricultural landscapes, as well as the former’s potential role in mitigating climate change. Riparian ecosystems of course constitute areas of transition between the aquatic and terrestrial environments, and are in a position to serve as buffers, as they filter and neutralise nutrients and pesticides descending from areas at higher elevations, provide shade (that may limit the spread of light-demanding alien species), moderate stream temperatures, and work to sequester atmospheric CO2 in both plant biomass and soil. They also support water retention in river valleys, and protect banks against erosion. Zoned buffer strips consisting of one strip of trees and one of grassy or herbaceous vegetation are shown to be among the most-effective measures deployable in the mitigation of diffuse pollution. A search through 2 bibliographical databases (the Web of Science Core Collection and Scopus) was undertaken in respect of the terms: ” riparian buffer” OR” riparian corridor” OR” riparian zone” OR” riparian strip” AND” agricultural” AND” climate change”. Such a procedure allowed for the identification of 76 separate scientific papers, albeit with 12 of these warranting exclusion from further analyses on account of their actual irrelevance. The largest body of literature on this topic is seen to concentrate on highly-developed countries of North America and Europe, notably the USA, Canada and France. Deeper analysis of the papers found points to a growing interest in mathematical modelling of the effects of agricultural best-mangement practices (BMPs), in regard to future streamflow, supply of water, the transport of sediment through a basin, rates of export of nitrogen and phosphorus, etc. – with both current climatic conditions and various future scenarios for climate being taken account of. The results of all this modelling tend to show how riparian buffers may serve in a basin-based strategy for climate adaptation, by which change may actually be mitigated more effectively than it can through other BMPs, even as no full offsetting of impacts is likely to prove achievable. Many of the authors in publications selected also choose to underline the multifunctional nature of riparian ecosystems, and the specific nature of the services they have to offer. 69% of the publications analysed address implications for practice, e.g. by offering guidelines as regards conservation strategies, and/or recommendations for managers of basins or other key decision-makers when it comes to restoring or improving both the ecological health of rivers, and levels of human well-being in general.

THE MAIN CHARACTERISTICS OF CRIMINAL PROCEEDINGS IN ENGLAND

The thematic concept of the Paper consists of legal issues related to criminal proceedings in England, which are the so-called pure adversarial proceedings. These proceedings differ from the law of the continental European countries and are characterized by archaisms and continuity, original common law (judicial) character, and the absence of major codifications. In this context, the paper analyzes the meaning of common law and equity law, and procedural criteria for the categorization of criminal offenses. Regarding the issue of rules and procedures for establishment of the facts, the authors pay special attention to the consideration of determining the factual background of the dispute, the burden of proof and procedural rules on the presentation of evidence. Clearly emphasizing the different classifications of evidence that can be presented be- fore the court, the authors point out that English law treats all hearings in the same way, i.e. it also brings the testimonies of the defendant and the expert wit- ness under the witness examination regime. Starting from the fact that an im- portant feature of legal principles is that in English law there is an obligatory exclusion of illegally obtained confession of the defendant from the evidence, it is concluded that the exclusion rule is essentially a relatively exclusive rule with a large discretionary assessment of the judge. In conclusion, the authors assess that the entire evidentiary procedure, types of evidence, the manner of their collection, presentation and evaluation in English law, to a greater or lesser extent, differs from the continental criminal proceedings.