Publication date: 31.05.2024
Procedural sources of evidence for proving the commission of a crime
Evidence in criminal proceedings is factual data obtained in accordance with the Criminal Procedure Code. Based on them, the investigator, the prosecutor, the investigating judge and the court establish the presence or absence of facts and circumstances that are important for criminal proceedings and subject to proof.
The Criminal Procedure Code of Ukraine specifies that in criminal cases involving the investigation of crimes, procedural sources of evidence can be:
1. testimony,
2. material evidence,
3. documents
4. conclusions of experts.
The norms of the Criminal Procedure Code of Ukraine distinguish between criminal offenses and criminal misdemeanors, and additional procedural sources of evidence are defined for criminal misdemeanors.
Procedural sources of evidence, which are defined for criminal misdemeanors, cannot be used as evidence to prove the commission of a crime. In order to use such evidence to prove the commission of a crime, the prosecutor must submit a corresponding petition to the investigating judge and obtain his decision.
In order to take into account all the features of criminal law and criminal procedural law in favor of the suspect or accused, it is very important to have professional legal assistance during the investigation and consideration of a criminal case. If you are a suspect or accused in criminal proceedings, do not hesitate and sign a contract with a lawyer of the "Consultant" service for your defense in a criminal case.Procedural sources of evidence for proving the commission of a criminal offense
Let's consider which criminal offense is considered a criminal misdemeanor and which additional procedural sources of evidence are provided for proving the presence of a criminal offense in a person's act.
A criminal misdemeanor is an act (act or inaction) for the commission of which the main punishment is prescribed in the form of a fine of no more than 51 thousand hryvnias or other non-severe punishment not associated with deprivation of liberty. This may include various violations for which fines or other administrative sanctions are provided, but does not include imprisonment
Additional procedural sources of evidence for proving a criminal offense are:
1. explanation of persons,
2. results of medical examination,
3. expert opinion,
4. display of technical devices and technical means that have the functions of photo and film shooting, video recording,
5. display of means directly intended for photo and film shooting, video recording.
Other sources of evidence that are not defined by the Criminal Procedure Code of Ukraine cannot be used to prove the commission of a crime or a criminal misdemeanor.
Indication. Evidence. Expert opinion
Indication:
- The testimony of a witness is an oral or written statement by a person who is not a suspect or an accused person regarding the circumstances that he observed or knows, and which are important for the criminal proceedings. Testimony is provided during the interrogation. The witness is obliged to testify to the investigator, the prosecutor, the investigating judge and the court.- A victim's statement is an oral or written statement of a person who suffered from a criminal offense regarding the circumstances that are important for criminal proceedings.
- Testimony of a suspect or accused person is an oral or written statement of a person who is suspected or accused of committing a criminal offense, regarding the circumstances that are important for criminal proceedings.
The victim, the suspect and the accused are not obliged to testify, but have the right to testify.
Evidence:
- Material evidence is material objects that contain information about circumstances that are important for criminal proceedings. They can be objects on which there are traces of a crime, or other objects that have evidentiary value.
- Physical evidence may be provided by the prosecution or defense, and may also be seized during investigative actions.
- An important requirement for material evidence is their proper storage and description in the protocols that are drawn up during their removal.
Expert's conclusion:
- An expert's opinion is a document that contains scientifically based conclusions of a specialist (expert) regarding issues that arise during criminal proceedings and require special knowledge in a certain field.
- The expert's opinion must contain: an introductory part (information about the expert, the grounds for the examination), a descriptive part (an outline of the research methodology and conducted research) and a final part (the expert's conclusions regarding the issues raised).
These procedural sources of evidence are important elements of the evidence base in criminal proceedings and are subject to evaluation by the court together with other evidence to establish the objective truth in the case.
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