Legal encyclopedia. Letter B

EVIDENCE

-predmety, which in its appearance, properties, location or other characteristics can serve as a means of establishing circumstances that are important for the consideration and resolution of the case. VD recognized any items:

1) property, money and other values ​​obtained as a result of criminal acts or acquired by criminal means;

2) other items and documents that can serve as a means to detect a crime and establish the circumstances of a criminal case.

When deciding a sentence, as well as a ruling or order to terminate a criminal case, the question of VD is settled.

Wherein:

1) the instruments of crime belonging to the accused are subject to confiscation or are destroyed;

2) items prohibited for circulation,

Shall be transferred to the relevant institutions or destroyed;

3) items that are not of value and not claimed by the party are subject to destruction or, at the request of interested persons or institutions, may be transferred to them;

4) property and other valuables received by criminal means are subject to return to the rightful owner or circulation to the state income;

5) documents that are physical evidence remain in the criminal case during the whole period of storage of the latter or are transferred to interested persons upon their application.

Inspection VD is carried out at any time of the judicial investigation at the request of the parties. Inspection can be conducted by the court at their location.

VD, which is impossible or difficult to bring to court, examined and investigated at their location or in another place determined by the court. On the production of on-site inspection, the court makes a determination.

The results of the inspection are recorded in the record of the court session, to which are annexed

Drawn up or verified during the inspection plans, schemes, drawings, calculations, copies of documents made during the examination of the video, photos of written and physical evidence, as well as the expert's conclusion and advice of the specialist in writing.

VD, subject to rapid damage, immediately examined and examined by the court at their place of location or in another place determined by the court, and then returned to the person who presented them for inspection and examination. Inspection data are recorded in the protocol.

After the entry into legal force of the court decision, VD is returned to the persons from whom they were received.

With regard to the disposal of VD, the court issues a ruling on which a private complaint may be lodged.

When the criminal case is transferred by the body of inquiry to the investigator, or from one body of inquiry to another, or from one investigator to another, VD is transferred together with the criminal case, except for the cases provided for in this article.

VD stored in court. If they can not be

Brought to court, they are kept at their place of location or in another place determined by the court. They should be inspected by the court, described in detail, and if necessary photographed and sealed. The court and the custodian take measures to preserve the material evidence in an unchanged state.