What is the evidence?

Proof (generalized concept) is a technique that is used to convince in the correctness of the chosen thesis, the truth of knowledge or a way to supplement and confirm the conclusions made.

The theory of refutation and evidence in modern life is a way to obtain legally literate and scientifically based statements and beliefs.

What is evidence in jurisprudence

In jurisprudence, evidence is information obtained according to the procedure stipulated by the legislation on facts that help establish the presence of circumstances or their absence and allow for a comprehensive review of the situation and the resolution of the case in accordance with the legislation in force. That is, if, in a general sense, evidence is an action performed to substantiate truth, in law it is information that is the result of cognitive activity, which is aimed at obtaining facts that help to establish the truth, and consists of collecting, verifying and evaluating evidence.

In the course of legal proceedings, evidence is used to establish the factual circumstances of the case in question, which may affect the court’s decision. For example, in many civil cases, the evidence is an alibi.

Evidence collection

The investigator, the prosecutor and the court have the right to call any person for interrogation in open cases; conduct searches, inspections, and other investigative actions stipulated by the current Code; Require officials, enterprises, organizations, and citizens to submit documents and items that can help establish the necessary evidence.

Evaluation of evidence

Evidence is assessed by the court, the prosecutor and the investigator based on their inner conviction, based on an objective, complete and comprehensive consideration of the totality of milestone factual materials, in accordance with the law and socialist sense of justice.

Evidence

Material evidence are objects that have retained traces of the crime, which are the objects of the unlawful actions of the accused or those that served as instruments of crime.Also, the values ​​and money obtained by dishonest means and other objects that can help detect and prove a crime, identify the perpetrators or mitigate responsibility, or refute the charges. All the evidence obtained in the course of the case is photographed, described in detail in the inspection reports and attached to the case.

Documents and materials attached to the case

The document is evidence in those cases when the facts and circumstances stated or confirmed by individual citizens, officials, organizations, enterprises, are important for the criminal case. If the documents meet the signs prescribed in Art. 83 of the Code, they are classified as material evidence.

According to Art. 50 of the Constitution, it is prohibited to use evidence obtained in violation of the law. For example, the video is evidence of guilt or involvement in the crime of the accused, but if it was obtained by deception, through threats, blackmail and other illegal actions, it has no legal force and cannot be used as a basis for a court decision.

Judicial evidence

Judicial evidence is a procedural means of proof provided for and regulated by law, such as the explanations and testimony of the parties, the testimony of witnesses, physical and written evidence, expert opinions and other information about the case.

Judicial evidence can be divided into two elements: content and procedural form.

What is evidence in court in criminal proceedings

In a criminal case, evidence may be any information that allows the court to establish the presence or absence of facts that must be proved during the hearing of the criminal case, or other circumstances relevant to the criminal case.

Types of evidence

  • the testimony of the accused (p. 77 CPC);
  • witness testimony (p. 79 of the CPC);
  • the testimony of the suspect (p. 76 of the CPC);
  • the testimony of the victim (p. 78 CPC);
  • material evidence (p. 81 of the Criminal Procedure Code);
  • written, video, audio or photo documents (p. 84 of the CPC)
  • expert testimony (part 2 p. 80 of the CPC);
  • expert opinion (part 1 p. 80 of the CPC);
  • expert testimony (part 4 p. 80 of the CPC);
  • expert opinion (part 3 p. 80 of the CPC);
  • protocols of investigative actions (p. 83 of the CPC);
  • court records (p. 83 of the CCP);

Evidence is available:

  • original, obtained from the source;
  • derivatives derived from an intermediate source as a result of the investigation;
  • vouchers, documents, materials and evidence that prove the innocence of the accused, mitigate his responsibility, refute the accusation;
  • accusatory, that is, confirming the involvement of the accused to the crime or burdening responsibility;
  • direct, which exclude or indicate the commission of illegal actions;
  • indirect, which do not directly indicate the innocence or guilt of the accused, but they allow to make a conclusion about guilt / innocence, or to some extent confirm the evidence available to the investigation.
  • the testimony of the victim (p. 78 CPC);
  • material evidence (p. 81 of the Criminal Procedure Code);
  • written, video, audio or photo documents (p. 84 of the CPC)
  • expert testimony (part 2 p. 80 of the CPC);
  • expert opinion (part 1 p. 80 of the CPC);
  • expert testimony (part 4 p. 80 of the CPC);
  • expert opinion (part 3 p. 80 of the CPC);
  • protocols of investigative actions (p. 83 of the CPC);
  • court records (p.


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