Evidence and evidence are some of the most important components in criminal proceedings. The article defines the concept of evidence in criminal proceedings, and also reveals in detail the types of these legally significant elements.
The concept and meaning of evidence and evidence
Evidence and evidence in criminal proceedings are factual data, on the basis of which it is necessary to establish:
- Guilty face.
- The presence or absence of danger in the act.
- Other circumstances that are of inherent significance in the case.
The value of evidence is determined by the fact that with the help of them all the evidence can acquire high reliability, which will be sufficient for reasonable conclusions regarding the guilt of a person.
Types of evidence and their classification
In criminal law, there are certain types of evidence:
- testimony of the accused, suspect;
- conclusion and testimony of a specialist and expert;
- protocols of judicial and investigative actions;
- testimony of the witness, the victim;
- evidence;
- other documents.
Testimony of the suspect, the accused
Evidence in criminal proceedings includes the testimony of the accused person as well as the suspect. The interrogation of the suspect is carried out no later than 24 hours after the initiation of the criminal case (an exception is when the location of the suspect has not been established).
If the case was initiated on the fact of a crime and in the course of the inquiry the data were obtained, which is sufficient to suspect a person of a committed act, the inquiry officer shall draw up a notice of suspected crime. A copy of the document is handed to the suspect. After that, within 3 days the investigator will be required to conduct an interrogation on the merits.
The testimony of the accused, in turn, is divided into the following types:
- Confession of guilt - evidence in this case is to obtain information about the circumstances that will help subsequently solve the crime.
- Denial of guilt - to confirm this testimony, employees must check the so-called alibi.
- Testifying against other persons - such information is called a slander.
Testimony of the victim, witness
Evidence in criminal proceedings in the form of testimony of the victim means information about any of his relationships with the accused. The subject of evidence is circumstances that will subsequently be subject to proof. Data that is not supported by specific sources of their receipt is not considered evidence.
Differences in the testimony of the witness and the victim include the following features:
- As a victim, the person who is affected by the consequences of the crime is questioned, and any person can be a witness.
- The witness has no interest in the case, while the victim pursues his interests.
- Testimony of a witness is his direct responsibility, for the victim it is also a right.
- The victim is present throughout the trial.
- The victim may participate in judicial debates regarding private prosecution cases.
Conclusion and testimony of a specialist and expert
The classification of evidence in criminal proceedings includes the testimony and opinion of the expert.
Conclusion - These are the expert’s written conclusions regarding the questions posed by the person conducting the production.
Indications - information of the expert that was reported during the interrogation, they are given in order to clarify or clarify the conclusion received. The testimony has no meaning in the case without a preliminary conclusion.
The basis for the appointment of the examination will be the need for special knowledge that arises during the investigation of a crime. The examination may be mandatory, as well as appointed by the court or investigator.
Forensic examination is required only in the following cases:
- Determining the severity of harm that has been done to human health.
- Definitions causes of death.
- Doubts about the physical or mental state of the subject.
- Clarifications of the age of the suspected offender.
Evidence and evidence in criminal proceedings may be presented in the form of a specialist opinion. The main difference between the expert and specialist opinion is liability, since it is not provided for the second person. The specialist provides scientific and technical assistance to the investigation, therefore his conclusion is based on value judgments, which by their nature are impartial and play only a consultative role in the proceedings.
Evidence
In general terms, they represent the consequences of a criminal act. Material evidence can appear in the form of things of the material world that, as a result of a criminal act, were subject to change. Their evidential value is considered to be the location (for example, the stolen thing found), the fact of their creation (fake document) or the actual properties (configuration, as well as the size of the footprints of the criminal).
Classification and types of evidence obtained as a result of search activities:
- Items that served as an instrument of crime (weapons, piercing and cutting objects).
- Things that have left traces of a criminal act (objects damaged by firearms, clothes with blood stains).
- Money and valuables acquired illegally.
- Items that became the object of abuse (stolen things or valuables).
Protocols of investigative and judicial actions - classification of evidence
The criminal process considers the protocols of judicial actions and investigations as independent sources of evidence.
Protocols that certify facts and circumstances are usually established:
- During an investigative experiment, while testifying at the scene of the crime.
- At survey, survey, seizure, identification.
- The protocol is the main source of information on the case, on the basis of which the question of the validity and legality of the court decision is decided.
Thus, it should be noted that the protocol is a written act in which officials, based on direct observation, recorded general information about the facts to be proved.
Other documents
The classification of evidence in criminal proceedings includes other types of documents legally collected by competent institutions and organizations. Such documents set out facts and circumstances that are relevant in the case and related to the immediate subject of evidence. Other documents reflect all circumstances relevant in the criminal case. They are not generated during a criminal event, but in the daily activities of institutions and enterprises.
Classification of evidence
In judicial and investigative practice, facts, property or testimonies of persons involved in the case are of particular importance. All this together determines several factors that subsequently contribute to the disclosure of the crime.
Classification of evidence in criminal proceedings:
- Personal and material.
- Indirect and direct.
- Derivative and original.
- Accusatory and acquittal.
Personal and proprietary evidence
Evidence is material objects that reflect the circumstances of a criminal act in the form of any traces of exposure. This type includes audio, photo or video.
Material evidence to a lesser extent express the traces of a legally significant event that were displayed in the process of exposure.
Personal evidence is the testimony of witnesses, the accused or the victim. It also includes the protocols of judicial and investigative actions, expert opinions.
A distinctive feature of this kind of evidence is the mental perception of events, as well as written or oral transmission of information relevant to the case.
Direct and indirect evidence
This classification of evidence and its practical value are also subject to detailed examination. Directly called evidence that serves to establish specific circumstances that are further proved. These include the events of a crime, the guilt of a person, as well as the fact of a crime. Direct evidence may indicate involvement or non-involvement of a person in this crime.
Indirect evidence establishes intermediate facts by which it is concluded that there are circumstances to be proved. With their help, it is not the circumstances of the crime that are determined, but only the facts connected with it, the analysis of which makes it possible to find out the availability of necessary information on the case.
Initial and derivative evidence
The classification of evidence in criminal proceedings determines their types, such as initial and derivative.
The initial information includes information obtained from the original source (a witness report on crime events that he himself has seen and can confirm).
Derivative evidence - information that indirectly reflects the circumstances of the case. In this case, the data obtained will be considered indirect (the witness stated the commission of a crime that he did not see, but was informed about it through a third party).
Indictment and acquittal
Indictment means facts that establish the guilt of a person in a committed act. This type of data includes the testimony of the accused, who pleaded guilty, the testimony of the victim or the witness. A characteristic feature of the indictment is the aggravation of the perpetrator.
Vindicated evidence is evidence that refutes a person’s guilt. These circumstances include the testimonies of the persons participating in the case regarding the innocence or non-involvement of the subject in the crime committed. A characteristic feature of this species are considered mitigating circumstances.
