INCLUSION OF EVIDENCE IN A CRIMINAL CASE: A TECHNICAL METHOD OR AN EFFECTIVE LEGAL MECHANISM FOR THE IMPLEMENTATION OF JURISDICTIONAL POWERS?

Abstract

One of the topical directions of the criminal procedure doctrine development, improvement of criminal procedure legislation and law enforcement practice is associated with the search for the most efficient mechanisms of proving in general and work with certain types of evidence in particular, balancing between the achievements of world civilization and long-standing national traditions established in the field of preliminary investigation and criminal trials. The purpose of the study is to define scientific ideas about the nature and procedure of inclusion of evidence in a criminal case as one of legal mechanisms for their collection that determines the possibility for further development of criminal procedure legislation and improvement of law enforcement practice. The methods of the study include the dialectical method of cognition as the main method of scientific research, methods of comparison, system analysis, historical-legal method, method of interpretation of legal norms, as well as formal-logical methods: induction and deduction, analysis and synthesis, analogy, etc. The results of the study make it possible to determine the essence and to design a uniform algorithm for inclusion of objects and documents in the criminal case as evidence that are available for preliminary investigation bodies and the court as ready-made information products.

Keywords

• physical evidence
• evidence
• expert opinion
• other documents
• request for evidence
• presentation of evidence
• inclusion of evidence
• collection of evidence
• means of proof
• formation of evidence