The subject and limits of proof in criminal proceedings. Research and evaluation of evidence

The criminal process is a collection ofthe most complex legal institutions that are aimed at bringing to justice those accused of committing a crime. The activities of participants in the proceedings are regulated in detail by the criminal procedure law. Of particular importance to the criminal process are the powers of the judges and the competence of the courts, which are actually empowered to decide the fate of people: to determine the guilt, establish the type and amount of punishment, and exempt from criminal liability. In the light of the above, due attention should be paid to the section that defines the subject and limits of proof in criminal proceedings.

On proving and proof in general

All the norms of the Code of Criminal Procedure are aimed at a detailedregulation 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 evidence that establishes or refutes the defendant's guilt. It is important to note that any doubt that exists in the person who is in charge of justice is interpreted in favor of the person brought to justice.

The subject and limits of proof in a criminalprocess - these are circumstances actually existing in objective reality, which must be proved for each criminal case with the aim of establishing the guilt of the accused, searching for a criminal or new evidence. The presence of this institution indicates the need to select evidence for specific circumstances, rather than all events that occurred at the time the crime was committed.

Mandatory events for proof

Art. 73 of the Code of Criminal Procedure establishes a list of circumstances that must necessarily be proven:

1. Crime event.
2. The form of the person's guilt (intent or negligence), motives and purposes of the crime.
3. Circumstances that determine the personal qualities of the accused.
4. The extent of harm that is a consequence of the commission of a crime.
5. Circumstances that can mitigate or aggravate the responsibility for the committed crime.
6. Circumstances that are the basis for exemption from liability.
7. Circumstances concerning the search for and location of property in respect of which the issue of confiscation is under consideration.

The Code of Criminal Procedure also mentions that it is not only the existence of the foregoing circumstances that is to prove, but also their absence.

The main questions of the criminal case: what does the investigator think first of all?

The subject and limits of proof in a criminalprocess determine the essence of this type of law enforcement activities. Due to the evidence of the circumstances, the issue of bringing a person to legal responsibility is being decided. As a consequence, the court, depending on the actual crime committed, determines the type and amount of punishment. In case of failure to prove at least one of the above events, the person's guilt is called into question.

Art. 73 of the Code of Criminal Procedure of the RF and its interrelated norms point to the need to prove not only the circumstances listed in the law, but also other facts that in professional activity are called "intermediate".

A very complex system of circumstances is presentedof each particular criminal case. That is why it is practically impossible to establish a typical subject and limits of proof in the criminal process. Paying attention to this moment, the legislator determines the most significant and necessary events that can directly indicate the guilt or innocence of the person.

On the Limits of Evidence

The subject of proof is inextricably linked with its limits, by which are meant:

• boundaries that determine the need for research evidence;
• the boundaries within which the stages of proof in the criminal process are carried out: collection, verification and evaluation of evidence.

In addition, the limits of proof include depthconducted by the investigation investigator, the boundaries 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"?

Surely after reading into the linesprovided material, you have a completely legitimate question: "What is proof?". Now, when the reader has learned about 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 isany kind and format of information that allow officials participating in the proceedings to conclude that there is no or the existence of the circumstances of the particular criminal case in question. The ability to indicate the presence or absence of one or another circumstance in a criminal trial is called the relativity that each proof possesses.

Admissibility

Admissibility is the most important property, without whichevidence can not be used in the process of bringing a person to legal responsibility. At the same time, the Code of Criminal Procedure of the Russian Federation places emphasis on the grounds for obtaining inadmissible evidence:

1. Indications that are given without a lawyer, including with a refusal from that; evidence that has not been confirmed by a person in court.
2. Testimony of witnesses, victims, whobased on conjectures, rumors and assumptions. In addition, if the participants in the criminal procedure can not indicate the source of the information, the data obtained is also inadmissible.
3. Any other evidence that is received with violation of at least one of the norms of the Code of Criminal Procedure and other normative acts.

Types of Evidence

The most important stage in the process of proof is the evaluation of evidence. The presence of this stage is possible only if there is one of the sources identified in the Code of Criminal Procedure, namely:

1. Indications of the suspect (accused), victims, witnesses.
2. Conclusions and testimony of experts and specialists.
3. Veshchdoki.
4. Protocols of investigative actions, other documents.

Evaluation of evidence: what does the court rely on when deciding?

Evaluation of evidence is the basis forall decisions relating to criminal proceedings. This term refers to the thinking process of participants in the production, the decision of which is important for the development of the criminal case. In addition, in the assessment process, the role and significance of each individual evidence is determined.

It is important to note that the definition of fitnessevidence is possible at all stages of the criminal process. For example, declaring a witness unknown to anyone before, the court is obliged to listen to it and take the testimony into account if they correspond to the framework of relevance and admissibility.

There are certain problems of proof incriminal trial related to the involvement of those in the criminal case. Only the inquirer, investigator or judge, when assessing the evidence, decides the question of its relevance and attachment to the criminal case. Until the time of issuance of the relevant document, the provided information can not be called proof. The presence of a subjective factor indicates that in case of refusal to accept information and incorporate them as evidence the court can make the wrong decision.