Publication date: 23.05.2024
Circumstances subject to proof in a criminal case
Circumstances subject to proof in criminal proceedings are defined by the Criminal Procedure Code of Ukraine (CPC). They include facts and circumstances that are relevant to the proper resolution of the case. The main circumstances to be proven include:
- 1. Event of the crime:
- The fact of committing the crime, the time, place, method and other circumstances of its commission.
- 2. Guilt of the accused:
- Guilt of the accused in committing the crime, form of guilt (intention or negligence), motives and goals.
- 3. Nature and amount of damage:
- The nature and amount of material and moral damage caused by the crime.
- 4. Circumstances characterizing the identity of the accused:
- Data on the identity of the accused, his previous convictions, characteristics from the place of work or residence.
- 5. Circumstances excluding the criminality of the act:
- Circumstances excluding criminal responsibility, such as necessary defense, extreme necessity, etc.
- 6. Circumstances mitigating or aggravating punishment:
- Circumstances that may affect the degree of punishment, for example, sincere remorse, cooperation with the investigation (mitigating factors) or recidivism, committing a crime while under the influence of alcohol or drugs (aggravating factors).
- 7. Other circumstances relevant to criminal proceedings:
- Circumstances that affect the qualification of the crime, the imposition of punishment, compensation for damage, the application of security measures for witnesses, victims and other participants in the process.
All the mentioned circumstances are subject to proof, as they are important for making a just decision in the case.Each of them must be confirmed by proper and admissible evidence collected during the pre-trial investigation and the trial.
The burden of proof in a criminal case
The burden of proof in criminal proceedings determines which of the participants in the process must present sufficient evidence to confirm certain circumstances. In Ukraine, this principle is enshrined in the Criminal Procedure Code of Ukraine (CPC).
- 1. Accusations:
- According to the principle of presumption of innocence, the accused does not need to prove his innocence. Therefore, usually, the accused does not need to prove the absence of certain circumstances constituting the composition of the crime, which fall on him.
- 2. Suspect and accused:
- The suspect or the accused may present certain defense evidence or arguments aimed at refuting the accusation, but they are not mandatory and not always necessary.
- 3. Accusations:
- The prosecution has the duty to collect and present proper and admissible evidence that confirms the circumstances necessary to determine the guilt of the accused.
- 4. Investigation:
- Investigative authorities have the duty to conduct research and collect evidence regarding all the circumstances of the case, which are important for solving the case, regardless of whether these circumstances support the prosecution or not.
- 5. Protection:
The defense attorney of the accused has the right to represent and defend the interests of his client, including the collection and presentation of evidence that will contribute to proving innocence or mitigating the charge.
The burden of proof is borne by the person or party who asserts certain facts that are relevant to the decision of the case.Thus, in each specific case, the burden of proof may differ depending on the role and position of the participants in the criminal process.
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