See more
Publication date: 02.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The concept of “inadmissibility of evidence” in criminal proceedings indicates that certain evidence cannot be used to support a charge or make a decision in court due to certain legal restrictions or violations of the procedural rights of individuals. Making a decision on the inadmissibility of evidence is an important point in ensuring a fair and legal proceeding. This helps prevent abuses and violations of the rights of those facing prosecution. Each evidence that is collected during the pre-trial investigation must meet the criteria of independence, admissibility, reliability, and overall sufficiency. The admissibility of evidence is an integral component and in the process of checking and evaluating evidence, you should definitely pay attention to certain criteria that will help establish the admissibility of the evidence received, namely:
Source of receipt: Evidence that was obtained from sources, a list of which is provided for by law, will be considered admissible. So, according to Part 2 of Art. 84 of the Code of Criminal Procedure, the source of evidence is testimony (witnesses, suspect, accused, etc.), material evidence, expert opinions and documents.
Belonging to the subject of proof: the CCP establishes a list of circumstances to be proven, that is, the subject is already clearly defined and authorized entities must collect evidence in accordance with it. In particular, among them there are: the event of the offense and all its signs (time, place, method, etc.), guilt, its form, motive and purpose, circumstances influencing the severity of the offense committed, that is, mitigating or aggravating circumstances, as well as circumstances which serve as the basis for exemption from criminal liability.
Receipt by an authorized subject: Only evidence that was received by an authorized participant in criminal proceedings will be considered admissible. According to Art. 92 of the Code of Criminal Procedure, the burden of proof lies with the prosecution (investigator, prosecutor). At the same time, the collection of evidence can be carried out by the defense, the victim, or a representative of a legal entity.
Method of obtaining: When establishing the presence of such a mandatory feature of evidence as admissibility, it is necessary to pay attention to the way in which it was obtained by an authorized entity. In particular, according to Art. 93 of the Code of Criminal Procedure, one of the stages of proof in criminal proceedings, namely the collection of evidence, is implemented by the prosecution through investigative actions, or NIRD, requesting or receiving. Accordingly, only evidence that was obtained through the implementation of exclusively the methods provided for by the Code of Criminal Procedure is admissible.
Compliance with the procedure: If the authorized entity still adheres to the ways of collecting evidence established in the article, but at the same time violates the established requirements for the procedure for conducting it, then the evidence that was obtained can be considered inadmissible. In particular, this may manifest itself in failure to obtain permission to conduct procedural actions, if obtaining such permission from the investigating judge is mandatory, denial of access to a lawyer during their conduct, or non-compliance with other rights of the suspect or accused, gross violation of rights and freedoms, failure to comply with the validity period of the ruling and etc.
The above criteria are only general guidelines that should guide participants in proceedings when establishing the admissibility of evidence. Of course, the Code of Criminal Procedure provides for much more grounds in the presence of which evidence may be declared inadmissible, for example, if the materials of the pre-trial investigation were not disclosed to the party in accordance with Art. 290 of the Criminal Procedure Code, then the information contained in such materials cannot be admitted by the court as evidence.
An assessment of the procedural features of the recognition of evidence is unacceptable:
The general procedure may include the following steps:
Objections of the accused or defense counsel: The accused or his defense attorney may deny the admissibility of evidence by pointing out a violation of the law or procedural rules in its extraction or use.
Motion for inadmissibility of evidence: The defense attorney or the accused may submit a written petition to the court for inadmissibility of evidence, which will indicate the grounds for such admission.
Making a decision by the court: The court reviews the petition, all evidence and arguments presented by the parties, and makes a decision on the admissibility or inadmissibility of the evidence. If evidence is deemed inadmissible, it is not taken into account when deciding the case.
Consultation with a criminal lawyer:
A lawyer's consultation will provide support to his client throughout the entire proceedings, providing him with legal assistance and protection of rights and freedoms. In addition, a criminal lawyer will collect evidence, analyze legal materials, establish the admissibility of evidence collected by the prosecution, choose a defense strategy, and also conduct a legal analysis of the situation. Also, a criminal lawyer will participate in procedural proceedings together with his client and control the procedure. So, since a criminal case is a rather complex and multi-stage process, a legal opinion from a lawyer in it is highly desirable.
