Legal Encyclopedia. Letter D

PROOF

(In criminal proceedings) - is the activity of bodies of inquiry, the inquirer, investigator, prosecutor, court (judge), which consists of such steps as: collection, verification and evaluation of evidence. The subject of AD are:

1) the offense (time, place, method and other circumstances of the offense);

2) guilt of the person in committing the offense, the form of his guilt and the motives;

3) the circumstances that characterize the personality of the accused;

4) the nature and amount of harm caused by the offense;

5) the circumstances precluding criminality and punishability;

6) circumstances mitigating and aggravating the punishment;

7) the circumstances that may lead to exemption from criminal liability and punishment;

8) The circumstances that contributed to the commission of the crime.

Collection of evidence is carried out in the course of criminal proceedings by the inquirer, investigator, prosecutor and the court, by the production of investigative and other procedural actions.

The suspect, accused, victim, civil plaintiff, civil defendant and their representatives have the right to collect and submit written documents and objects to be attached to the criminal case as evidence.

The defender has the right to collect evidence by obtaining objects, documents and other information; interviewing people with their consent; reclamation certificates, specifications and other documents from state authorities, local self-government bodies, public associations and organizations that are obliged to submit the requested documents or copies thereof.

Once evidence collected, made their verification. Verification is done by the investigator, the prosecutor, the court, by comparing them with other evidence available to the

the criminal case, as well as establishing their sources, producing other evidence to support or refute verifiable proof.

Each piece of evidence is assessed in terms of relevance, admissibility,

reliability. All the evidence collected in the aggregate to be assessed in terms of adequacy for the resolution of the criminal case.

If the evidence was obtained in violation of the requirements stipulated by the Code, the court, prosecutor, investigator, inquirer recognize them invalid. Inadmissible evidence shall have no legal force and can not be the basis for the charges included in the indictment or the indictment.

The public prosecutor, the investigator, the investigator shall have the right to admit evidence inadmissible at the request of the suspect, the defendant or on its own initiative. The court may admit evidence inadmissible at the request of a party or on its own initiative.