Certain aspects of determining qualities of evidence in the criminal process
DOI:
https://doi.org/10.35774/app2019.04.232Keywords:
evidence, criminal process, belonging, authenticity, admissibilityAbstract
Well-known jurist Spasovich argued that the theory of evidence "is the central node of the entire judicial system, the soul of the entire criminal process, the principles that move it, form its essence, which determine the judiciary, and all the main forms of justice.".
According to Art. 84 of the Criminal Procedure Code of Ukraine, evidence in criminal proceedings is defined as factual data obtained in accordance with the procedure provided by this Code, on the basis of which the investigator, prosecutor, investigating judge and court establish the presence or absence of facts and circumstances that are relevant for criminal proceedings and are subject to proof.
The qualities of evidence are its necessary features, provided that certain information acquires the quality of evidence and, conversely, in the absence of at least one of them, information is not of probative value. A legal analysis of their properties, namely belonging, admissibility and authenticity, was carried out.
The belonging of the evidence is regarded as having the link of the evidence in content to the subject matter or ancillary the facts that serve to establish it. This quality does not cover all the evidence in general, but only its substantive part - the actual data.
Admissibility is another feature of the evidence. According to the Criminal Procedure Code of Ukraine, evidence is admissible if it is received in accordance with the procedure established by the Code. The admissibility of evidence is determined by the legality of its source, conditions and methods of obtaining it.
The question of attributing credibility to the number of properties of evidence is perhaps the most difficult. The concept of "authenticity" is associated with such philosophical categories as "truth", "probability", "probability" and others that characterize the degree of knowledge of truth.
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