Admissibility and admissibility of evidence in a criminal case

BASE (basic) 4.52

advertisement

Lawyer

Ukraine / Rivne

Writing a statement of claim

Legal analysis of the situation

Drafting of a lawyer's request

Recovery of alimony

Increase in alimony

Reduction of alimony

See more

Reading time: 7 minutes Total views: 44

Rate:

0

Publication date: 23.05.2024

Admissibility and admissibility of evidence in a criminal case

Evidence in criminal proceedings is any factual data on the basis of which the investigator, prosecutor, investigating judge and the court establish the presence or absence of circumstances relevant to criminal proceedings, in particular the guilt or innocence of the accused, as well as other circumstances subject to proof . Evidence may include testimony of witnesses, victims, suspects and accused persons, expert opinions, material evidence, documents, as well as other legally obtained materials.

Adequacy of evidence

Adequacy of evidence in criminal proceedings is a characteristic of evidence that determines its relevance to the specific circumstances of the case. Evidence is proper if it relates to the case and is relevant to establishing the truth about the facts to be proven in a specific criminal proceeding. In other words, those evidences that can affect the establishment of the truth in the case and contribute to the resolution of issues relevant to the criminal proceedings are appropriate.

1. Evidence eligibility criteria:
2. 1. Relation to the case: 

The evidence must have a direct or indirect connection with the circumstances of the crime and the persons involved in the criminal proceedings.

1. 2. Admissibility:

Evidence must be collected in accordance with the law, without violating the rights and freedoms of the participants in the process.

1. 3. Effect on the case: 

The evidence has the potential to influence the findings of the investigator, prosecutor or court regarding facts that are relevant to the proper resolution of the case.The admissibility of evidence is determined by the court or other bodies of pre-trial investigation based on their connection with the circumstances of the case and their ability to contribute to the establishment of the truth. Evidence that does not meet these criteria is considered inappropriate and cannot be used in criminal proceedings.

Admissibility of evidence

Admissibility of evidence in criminal proceedings is a characteristic of evidence that determines its admissibility for consideration by a court or other bodies of pre-trial investigation from the point of view of compliance with procedures established by law for obtaining it. Evidence is considered admissible if it was collected, recorded and submitted in accordance with the requirements of the law, without violating the rights and freedoms of persons participating in criminal proceedings.

1. Criteria for admissibility of evidence include:
2. 1. Legality of receiving:

- Evidence must be obtained by authorized bodies (investigator, prosecutor, court) within their competence.

- The evidence collection procedure must meet the requirements of the Criminal Procedure Code of Ukraine (CPC) and other regulatory acts.

- All investigative actions aimed at obtaining evidence must be authorized by the court (if this is provided for by law).

1. 2. Observance of rights and freedoms:

- During the collection of evidence, the constitutional rights and freedoms of citizens must be respected, in particular the right to privacy, the right to defense, the right to refuse to give evidence that could testify against oneself.

- It is forbidden to use violence, threats, deception or other illegal methods to obtain evidence.

1. 3. Procedural registration:

- The evidence must be properly documented and framed.

- It is necessary to follow the established procedures for the storage and transfer of evidence to avoid their distortion or loss.

Evidence obtained in violation of the law, in particular using illegal methods or outside the authority of authorized persons, is considered inadmissible. Such evidence cannot be used in the legal process and is subject to exclusion from consideration. The court or other pretrial investigation bodies must carefully check the admissibility of each piece of evidence before it is accepted for consideration in criminal proceedings.

1. Legal service "Consultant" provides legal assistance in any situation. Our lawyers will carry out a legal analysis of the situation, make a comprehensive analysis of documents, prepare a legal opinion and ensure the representation of the client's interests in state authorities or a court, will take part in a court hearing in any city of Ukraine. Consulting a lawyer and legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
2. Legal service "Consultant" provides the service "lawyer's help online".