Vplyv taktickej prípravy vyšetrovateľa na zákonnosť a objektivitu rekognície v trestnom konaní

The presented scientific paper comprehensively analyzes the issue of criminalistic recognition (identification parade) with a focus on the key role of the investigator's tactical preparation. The main objective of the study was to demonstrate how failure to adhere to criminalistic-tactical principles affects the legality and evidentiary weight of this non-repeatable act. The paper introduces the theoretical and brief legislative framework (Section 126 of the Criminal Procedure Code) and brings procedures for dealing with specific individualizing marks on line-up members. Subsequent analysis of the decision-making practice of the Supreme Court of the Slovak Republic and case studies exactly demonstrated that errors such as incorrect selection of line-up members, sloppy documentation, or showing photographs prior to the act lead to the invalidation of the evidence. In formulating its conclusions, the paper directly draws on the results of the Academy of the Police Force research project No. 167 (M. Samek) and connects them with the author's own empirical research on a sample of 53 police officers. This synthesis revealed that police officers alibistically overuse photographic recognition, because the barriers to proper execution in natura are organizational complexity, lack of line-up members, and unclear perception of "similar appearance" by police officers. In the conclusion, the author formulates de lege ferenda proposals, notably the explicit determination of the minimum number of line-up members in the law, the subsidiarity of photographic recognition, and the introduction of modern approaches (sequential method, video recognition) into the practice in Slovakia.