Definition and classification of forensic evidence requires prior consideration of the question of what is a criminal trial in Russia, and what function it performs.The opinions of the authors lawyers in this respect ambiguous and versatile.
concept of criminal proceedings
In the most general concept of the criminal process is designed to solve the problem of the appointment of a just punishment for those who committed the crime, and rehabilitation of innocent citizens.The method of solution is the procedural form (or a set of actions and procedures stipulated by the Criminal Procedure Code of the Russian Federation).
In a narrower sense, the criminal process - a proactive inquiry bodies, investigators, prosecutors and the court, providing excitement, investigation and resolution of criminal cases.
Tasks criminal proceedings
- protection of legitimate interests, rights and freedoms of citizens and organizations.
- rapid, prompt and full disclosure of the crimes or those who are in the process of preparation.
- the identification and punishment of those responsible, as well as rehabilitation of innocent citizens.
- correct application and interpretation of the Constitution, international law and recognized in the process of criminal justice principles.
considerable importance is the classification of evidence in criminal proceedings.But initially you need to define the very concept and its role in the proceedings.
place evidence in a criminal trial of the Russian Federation
Part 1 of Article 6 of the Code of Criminal Procedure stipulates that the purpose of criminal proceedings is primarily to protect the legitimate rights and interests of organizations and individuals who have been harmed as a result of the crime.Second, is to protect individuals from the unlawful and groundless accusation and sentencing court and the restriction of rights and freedoms.
realization of this purpose within the criminal justice deals with the investigator, the investigator, the prosecutor's office and the court.One of the main components of this activity is the process of proof.It is important that any event, action or fact leaves behind traces in the real material world or the mental images in the mind.The concept of evidence in a criminal trial takes these facts as a basis.The following are a reflection of a criminal offense, on the basis of their inquiry and investigation authorities reduced picture of what happened, sets out the circumstances, the offender, his motives.Thus, evidence in criminal proceedings - is any real, real-world data that is received and certified in statutory form, by means of which addressed the issue of the presence of a crime, innocence or guilt of the person and other circumstances relevant for the investigated criminal case.
Properties evidence
concept of evidence in criminal proceedings are closely linked to their properties.One of the main - is relevance, which is the ability to approve or deny any of the facts which are important for the criminal case under investigation.The second property - it is possible.It is the ability of the resulting information to be used in the trial as evidence.It must be produced by the activities authorized by the parties: the investigator and the investigator, the court.The proof must be obtained from one of the sources, which are set out in the law:
- testimony of a suspect and the accused;
- records of investigative and judicial actions;
- testimony of the victim, witnesses;
- evidence;
- readings and professional expert;
- evidence and expert opinion;
- other documents.
method of gathering evidence must comply with the law.Fix them should also be provided in the form of a Code of Criminal Procedure.For example, if the testimony of participants in the proceedings (victims, witnesses, the accused, the suspect), they should be in the form of interrogation protocol.
Another two important properties - it is the accuracy and sufficiency.By first understanding of the relevant circumstances of the case the evidence of the event.Admit it may any official.But on behalf of States to recognize the evidence can only be credible court.By adequacy is meant the property that is the ability to establish evidence of data, without exception circumstances that are subject to proof.On the basis of the properties, nature and other factors based classification of evidence in criminal proceedings.
Inadmissible evidence
concept of inadmissibility of evidence is applied, if not all of the above requirements are met.The law is clearly defined list of data that are not allowed to use in criminal proceedings.Treat them as follows:
- testimony of the accused or the suspect obtained during pre-trial proceedings without the presence of counsel or, if they abandoned him, but at the hearing did not confirm this fact;
- evidence obtained in the course of questioning a witness or victim, hearsay or assumptions, as well as information received from a witness, the source of which he refuses to call;
- other evidence obtained by methods contrary to the Code of Criminal Procedure.
Classification of evidence in a criminal trial of the Russian Federation
implies a separation distribution in different classes.The same evidence may be assigned to different groups.The reason for this is that the base of the classification of the evidence may be different: the source of, the relevance to the subject of proof. In this connection it may be noted the following groups:
- Initial and derivatives - depending on the nature and character of the source of evidence in criminalprocess.The former include the testimony of eyewitnesses, an instrument of the crime scripts of various documents.Thus, it is evidence obtained from primary sources.Otherwise, the information contained in the source, who was sought evidence from another source, called derivatives.For example: different recorded traces left at the scene, or the testimony of witnesses who have become known to them from eyewitnesses, copies of documents.
- Classification of forensic evidence, depending on their ability to confirm or deny the question of whether a certain person guilty of committing a criminal act.The first group - is guilty, they point to the existence of a crime, expose the accused, as well as aggravating if the court finds him guilty.The second category - exculpatory, they, by contrast, indicate the absence of elements of crime and justify a person or mitigate his sentence.An elementary example is such a thing as an alibi, familiar to all.It also exculpatory evidence, which refers to the inability to find the person on the scene of the crime when it was committed.
- Classification and types of evidence, depending on their relationship to the subject of proof.They can be direct and indirect.The main task of persons carrying out the investigation of crime - is the collection of direct evidence that point to the facts of the case without intermediaries.For example, witness testimony (witness) that the accused stabbed the victim, or the testimony of the victim.Circumstantial evidence points to the circumstances of the case under investigation indirectly through intermediate facts.For example: the fingerprints of a person having a criminal record (redeemed or not) on the bottle or the glass found at the scene.There is only indirect evidence for the charge is not enough, you need to install a completely reasonable causal relationship between him and the events occurred, to prevent accidental coincidence.
- personal and real.This classification is based on forensic evidence difference of character support information.The material - this, of course, the items from the material of the world, which displayed signs of interaction with human or other objects relevant to the events under investigation.Personal evidence - are those that are based on human perception and mental awareness of what is happening.These primarily include the testimony of participants in the criminal process, including experts and professionals, as well as their conclusion and other documents.
Evidence
These are objects of the material world, the quality of the individual, the state of which have a direct connection with the event.The objects themselves are a means of proof and evidence - this is their properties and attributes.For example, a sleeve of a type of firearm.Classification of real evidence carried out by the same principles as that of the total.In part 1 of article 81 of the Code of Criminal Procedure lists the cases in which all material objects can acquire the status of evidence.
Written evidence as a kind of real
They constitute the material basis of things of the objective world, most often wood, metal, paper, which retain inflicted on itself written signs.The most common and comprehensive is the following classification of written evidence:
- depending on the subject of Origin: official and private;
- the nature of the content: reference and information (reports, minutes, letters, etc.) and administrative documents (for example, transactions executed in writing);
- shape: simple, mandatory form and content (such as a birth certificate), notarized contracts (with registration in the management bodies or not).
Indications suspect
Classification of evidence in criminal proceedings relates to a group of their personal.This is information that is obtained during the preliminary investigation, as a result of the interrogation, decorated in the manner prescribed by law and constitute grounds to initiate in respect of the interrogated person a criminal case as well as the use of detention or other preventive measures.The interrogation is carried out no later than the day after the arrest, and in strict accordance with the requirements of the criminal legislation of the Russian Federation.Indications of the accused are different in that they get information from essentially been charged.
testimony of the victim, witness
interrogation is similar, but there are some differences.Giving evidence to a victim as an obligation, and its legitimate right.The interrogation can be made, and at his initiative.But we have to evaluate the information obtained objectively, as it is the person concerned.Witnesses may not testify against close relatives, self, spouse.It is the right of every citizen of the Russian Federation, as enshrined in the Constitution.In other cases, it is responsible for false statements or even abandoning them.
expert testimony and expert
interrogation conducted after having received an opinion on the subject under investigation in order to clarify his or detailed explanation.Indications experts use when the circumstances of the case under investigation require the involvement of a person with special knowledge in any area of ​​professional activity.
Thus, we can conclude that the classification and types of evidence in criminal proceedings are diverse and divided on various grounds and grounds.
