The criminal process is a combination of the most complex legal institutions, which are aimed at bringing to justice those accused of committing a crime. The activities of participants in legal proceedings are regulated in detail by the criminal procedure law. Of particular importance to the criminal process are the powers of judges and the competence of the courts, which are actually authorized to decide the fate of people: determine guilt, establish the type and extent of punishment, and exempt from criminal liability. In the light of the foregoing, the section describing the subject and scope of evidence in criminal proceedings deserves due attention.
About proof and evidence in general
All norms of the Code of Criminal Procedure of the Russian Federation are aimed at detailed regulation of the process of bringing a citizen to criminal liability. At the same time, one of the principles of such a huge legal system is the inadmissibility of liability without the presence of evidence establishing or refuting the guilt of the defendant. It is important to note that any doubt that exists in the person administering justice is interpreted in favor of being held accountable.
The subject and limits of evidence in criminal proceedings are circumstances that actually exist in objective reality and are subject to proof in each criminal case in order to establish the guilt of the accused, search for the offender, or new evidence. The presence of this institution indicates the need to select evidence for specific circumstances, and not all events that occurred at the time the crime was committed.
Mandatory Evidence
Art. 73 of the Code of Criminal Procedure of the Russian Federation establishes a list of circumstances that must be proved without fail:
- Crime event.
- Form of guilt of a person (intent or negligence), motives and purposes of committing a crime.
- The circumstances that determine the personal qualities of the accused.
- The amount of harm that results from the commission of a crime.
- Circumstances that may mitigate or aggravate liability for the crime committed.
- Circumstances that are the basis for exemption from liability.
- Circumstances relating to the search and establishment of the location of property in respect of which there is a question of confiscation.
The Code of Criminal Procedure of the Russian Federation also mentions that not only the presence of the above circumstances, but also their absence is subject to proof.
The main questions of the criminal case: what is the investigator thinking first of all?
The subject and scope of evidence in criminal proceedings determine the nature of this type of law enforcement. Due to the proof of circumstances, the issue of bringing a person to legal liability is being resolved. As a result, the court, depending on the actually committed crime, appoints the type and amount of punishment. If at least one of the above events is unproven, the guilt of the person is called into question.
Art. 73 of the Code of Criminal Procedure and interrelated norms indicate the need to prove not only the circumstances listed in the law, but also other facts that are called “intermediate” in professional activities.
The system of circumstances of each specific criminal case is very complex. That is why it is practically impossible to establish typical subject matter and limits of evidence in criminal proceedings. Paying attention at the moment, the legislator determines the most significant and necessary events that can directly indicate the guilt or innocence of a person.
About the limits of evidence
The topic of proof is inextricably linked with its limits, which are understood as:
- the boundaries that determine the need for research evidence;
- the boundaries within which the stages of evidence in the criminal process are carried out: the collection, verification and evaluation of evidence.
In addition, the scope of evidence includes the depth of the investigation conducted by the investigator, the scope of evidence aimed at verifying the versions, the amount of evidence required to obtain permission to conduct investigative actions, and so on.
Evidence: what is it and what does it “eat” with?
Surely after reading through the lines of the provided material, you have a completely logical question: "What is evidence?" Now that the reader has learned why it is necessary to establish facts related to the commission of a crime, one can shed light on such an interesting question.
Evidence in criminal proceedings is any kind and format of information that allows officials involved in legal proceedings to conclude that there are no circumstances or circumstances of a particular criminal case. The ability to indicate the presence or absence of a particular circumstance in a criminal trial is called the relevance that each evidence possesses.
Admissibility
Admissibility is the most important property without which evidence cannot be used in the process of bringing a person to legal liability. Moreover, the Code of Criminal Procedure of the Russian Federation places emphasis on the grounds for obtaining inadmissible evidence:
- Indications that are given without a defense counsel, including in case of refusal of such; evidence that has not been confirmed by a person in court.
- Testimonies of witnesses, victims, which are based on guesses, rumors and assumptions. In addition, if the participants in the evidence in criminal proceedings cannot indicate the source of information, the data obtained are also unacceptable.
- Any other evidence obtained in violation of at least one norm of the Code of Criminal Procedure of the Russian Federation and other normative acts.
Types of evidence
The most important step in the process of evidence is the assessment of evidence. The presence of this stage is possible only if one of the sources defined in the Code of Criminal Procedure of the Russian Federation is available, namely:
- Testimony of the suspect (accused), victims, witnesses.
- Conclusions and testimonies of experts, specialists.
- Things Docks.
- Protocols of investigative actions, other documents.
Assessment of evidence: what does the court rely on when making a decision?
Evaluation of evidence is the basis for all decisions relating to criminal proceedings. This term refers to the thought process of production participants, the solution of which is important for the development of a criminal case. In addition, the role and significance of each individual evidence are determined in the evaluation process.
It is important to note that determining the suitability of evidence is possible at all stages of the criminal process. For example, when declaring a witness previously unknown to anyone, the court is obliged to listen to him and take evidence for consideration if they correspond to the limits of relevance and admissibility.
There are certain problems of evidence in criminal proceedings related to the inclusion of such in a criminal case. Only the inquiry officer, investigator or judge, when evaluating the evidence, decide the issue of its relevance and inclusion in the criminal case. Until the relevant document is issued, the information provided cannot be called evidence. The presence of a subjective factor suggests that in case of refusal to accept information and sharing it as evidence, the court may make the wrong decision.