The admissibility and relevance of evidence have their own characteristics in existing forms of legal proceedings. This is due both to the difference in legislative regulation, and to the practice of applying laws.
What are we talking about
The admissibility and relevance of evidence are two elements:
- the legality of its receipt, compliance with all provided procedures;
- significance in a particular case, the court may consider this or that evidence inconsequential for a particular case.
What examples can be given?
For example, evidence was obtained during a search without a court order, and there were no extraordinary circumstances. He will not be taken into account.
Relevance refers to the confirmation of the circumstances referred to by the participants in the process. In a criminal case, evidence confirms the standard list of circumstances according to Art. 73 Code of Criminal Procedure. For example, witness testimony confirming innocence.
Civil process
The admissibility and relevance of evidence in civil proceedings have an important feature. The collection and assessment process is highly formalized.
For example, confirmation of a person’s incapacity for work can only be an ITU certificate issued as a result of the stipulated procedure.
Witness testimony is provided where there is no way to confirm the data with documents. If there are no supporting papers, then their replacement with testimony is not allowed. The admissibility and relevance of evidence in a civil proceeding is determined by a court.
It determines: what facts, by whom should be confirmed, what is acceptable and what is not. Even within the framework of one category of cases, the list of circumstances and facts that must be proved differs.
Arbitration process
The admissibility and relevance of evidence in the arbitration process are characterized in much the same way, but they have their own characteristics. Some are due to procedural rules, others - to the practice developed by the courts.
For example, it is permissible to ask the court to attach documents from the case file, in the civil process this remains in question.
At the same time, the verdict as evidence indisputably confirms only the fact that a specific person committed a crime. The information, facts set forth in decisions on arbitration, civil and administrative cases can only be taken into account, and this is a right, and not an obligation of the court. Exception - the same persons take part in the case. Notarial acts are obligatory if they are not canceled.
The admissibility and relevance of evidence in the arbitration process oblige the parties to expressly declare their disagreement with certain statements.
criminal process
The main task is to collect all the information that can be confirmed. The admissibility and relevance of evidence relates primarily to the rights of citizens and organizations. In particular, obtaining permission from the court to conduct a number of investigative actions, as well as providing access to legal assistance.
The standard set applies:
- testimonies of the participants in the process;
- opinions of experts, specialists;
- documents provided by the parties, as well as requested by a lawyer, investigator, interrogating officer, prosecutor and court.
The admissibility and relevance of evidence may be disputed by all those interested in the process, in a separate complaint and in the process of considering the merits, more than once.
Without restricting the right to defense or by committing other violations of the Code of Criminal Procedure, the investigating authority or the court has the right to attach any document to the materials. For example, he is entitled to take into account the opinion of one doctor on the state of health of the person concerned. You can do without ITU help.
Because of this feature, the admissibility and relevance of evidence in civil proceedings often confuse forensic lawyers.
Administrative Review
The review system is structured similarly to the criminal process:
- a clear list of provable circumstances;
- evidence must be provided by the accusing authority;
- the person involved has the right, and not the obligation, to prove his innocence.
What is included in the list of mandatory evidence?
- fact of the incident;
- the guilt of the person involved;
- circumstances, both mitigating and aggravating guilt;
- circumstances that constitute grounds for refusal to open a case or its termination;
- monetary value of damage;
- other circumstances that the authority or court considers it necessary to find out.
The admissibility and relevance of evidence in the Code of Administrative Offenses of the Russian Federation is based on an assessment of the correctness of the actions of officials responsible for holding accountable.
Some procedures
First of all, you need to determine how fully and correctly the protocol is compiled. The second is whether the person involved had the opportunity to defend themselves. For example, did they clarify the right not to say anything about themselves or to receive legal assistance. The involved person, having made a corresponding note in the protocol, can actually negate all the efforts of officials. If the protocol was not issued or refused to be given the opportunity to make comments, you should immediately write a complaint to the prosecutor.
Now it is allowed not to attract witnesses, but to conduct an inspection of the scene of the incident using means for shooting, for example, a camera. Citizens are also entitled to make their notes, which the court is then obligated to attach to the case file. In any case, the Supreme Court explained this in recent cases regarding the deprivation of a driver’s license.
The basis of the case is often the materials of inspection of supervisory authorities. Violation of the rules of conduct is a sufficient reason not to use them in the case of administrative responsibility.
Separate procedure - examination
All interested parties are given the opportunity to pose questions to the expert, declare the expert challenged, ask for the appointment of another person as him. Failure to comply with these standards may give rise to a decision cancellation due to unreliable examination results.
Thus, the admissibility and relevance of evidence is a serious issue that affects the decision-making in the case.