Publication date: 29.07.2024
Peculiarities of proving fraud in court
Fraud is one of the most complex and multifaceted crimes requiring careful proof in court. In Ukraine, this crime is regulated by the Criminal Code, and the process of proving it has its own peculiarities and nuances. This article focuses on the main aspects of proving fraud in court, including types of evidence, procedural steps, the role of experts and legal principles applicable in such cases.
Legal framework for proving fraud
The main legislative acts regulating the process of proving fraud in Ukraine include:
Criminal Code of Ukraine (CCU).
Criminal Procedure Code of Ukraine (CPC of Ukraine).
Law of Ukraine "On Forensic Examination".
Law of Ukraine "On Operational and Investigative Activities".
These acts define the basic principles, procedure and conditions for collecting, verifying and evaluating evidence in criminal cases of fraud.
Concept and types of evidence in criminal cases
Evidence in criminal cases is divided into several main types:
Witness testimony.
Testimony of the victim.
Testimony of a suspect or accused.
Physical evidence.
Documentary evidence.
Expert opinions.
Each of these types of evidence has its own specifics and requirements for its collection, verification and evaluation.
Testimony of witnesses and victims
Testimony from witnesses and victims is one of the main pieces of evidence in fraud cases. They can confirm or refute the fact of a crime, as well as provide important information about the circumstances of the case.
When interrogating witnesses and victims, the investigator must comply with the requirements of the CPC of Ukraine, ensuring the rights and legitimate interests of the interrogated persons. It is also important to take into account psychological aspects, including possible pressure or fear of the perpetrator.
Testimony of the suspect or accused
The testimony of a suspect or accused person is an important source of information in a criminal fraud case. They may include a confession to the crime, an explanation of the circumstances of the case, or a refutation of the charges.
During the interrogation of a suspect or accused, the investigator must comply with the requirements of the CPC of Ukraine, ensuring the right to defense and preventing illegal interrogation methods.
Material evidence
Physical evidence in fraud cases may include:
Money or valuables obtained by criminal means.
Technical means (computers, telephones) used to commit the crime.
Other items relevant to the case.
Collection and recording of material evidence should be carried out in accordance with the requirements of the CPC of Ukraine, in particular by conducting searches, seizures and other investigative actions.
Documentary evidence
Documentary evidence in fraud cases may include:
Contracts, agreements, invoices.
Emails, messages.
Bank statements, financial reports.
This evidence must be properly executed and verified for authenticity. It is also important to take into account the possibility of forgery of documents, which requires expert examination.
Expert opinions
Expert opinions are an important element of evidence in fraud cases. They may include:
Computer and technical expertise.
Financial and economic expertise.
Linguistic expertise.
Expert opinions must be reasonable and based on scientific research methods. Expert evaluation helps the court to establish the truth in the case and make an informed decision.
Procedural steps to prove fraud
Procedural steps in fraud cases include:
Examination of the scene.
.
Conducting searches and seizures.
Interrogation of witnesses, victims, suspects and accused.
Conducting examinations.
Collection and recording of material and documentary evidence.
Each of these actions must be carried out in accordance with the requirements of the CPC of Ukraine, while respecting the rights of all participants in the criminal process.
Inspection of the scene
Inspection of the scene is one of the first and most important investigative actions in a fraud case. It allows you to record the circumstances of the crime, find and seize material evidence.
The inspection must be carried out in compliance with the requirements of the CPC of Ukraine, with a mandatory protocol and the involvement of witnesses. It is also important to use modern methods of recording (photo, video).
Searches and seizures
Searches and seizures are important procedural steps in gathering evidence in fraud cases. They allow to find and seize material and documentary evidence that can confirm or refute the charges.
Searches and seizures must be carried out on the basis of a ruling by an investigating judge, with the rights and legitimate interests of the persons in question being respected.
Interrogations of witnesses, victims, suspects and defendants
Interrogations are the main way to collect evidence in criminal fraud cases. During the interrogation, the investigator must find out all the circumstances of the case, establish the motives, goals and methods of committing the crime.
During the interrogation, it is important to comply with the requirements of the CPC of Ukraine, ensuring the right to defense and preventing illegal interrogation methods.
Conducting expert examinations
Expert examinations are an important element of evidence in fraud cases. They help to establish the authenticity of documents, determine the technical aspects of the crime, conduct financial analysis, etc.
The examinations must be conducted on the basis of a ruling by the investigating judge or by the investigator's decision, in compliance with the requirements of the Law of Ukraine "On Forensic Examination".
Collection and recording of material and documentary evidence
Collection and recording of material and documentary evidence is an important part of proof in fraud cases. They must be carried out in accordance with the requirements of the CPC of Ukraine, with mandatory protocols and the involvement of witnesses.
It is also important to comply with the requirements for the storage of material evidence to avoid damage or loss.
The role of a lawyer in proving fraud
A lawyer plays an important role in proving fraud by ensuring the protection of the rights and interests of the suspect or accused.
The main tasks of a lawyer include:
Collecting and presenting evidence refuting the accusations.
Participation in investigative actions, including interrogations, searches, and examinations.
Appeal against illegal actions or inaction of investigative bodies.
Representing the interests of a suspect or accused in court.
A lawyer must provide a qualified defense using all legal means and methods.
Legal principles of proving fraud
The main legal principles of proof in fraud cases include:
Presumption of innocence.
Prohibition of the use of evidence obtained illegally.
Ensuring the right to defense.
Objectivity and comprehensiveness of the investigation of the circumstances of the case.
Adherence to these principles is mandatory to ensure a fair trial and an informed decision.
Proving fraud in court is a complex and multifaceted process that requires careful collection, verification and evaluation of evidence. It is important to comply with the requirements.
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