Open AccessInadmissibility of Evidence as a Procedural Reason for Exclusion
Author(s) -
Екатерина Лебедева,
Е. В. Лебедева
Publication year - 2019
Publication title -
vestnik kemerovskogo gosudarstvennogo universiteta. seriâ: gumanitarnye i obŝestvennye nauki
Language(s) - English
Resource type - Journals
eISSN - 2541-9145
pISSN - 2542-1840
DOI - 10.21603/2542-1840-2019-3-1-80-86
Subject(s) - appeal , legislator , political science , law , institution , criminal procedure , legislation
The research featured the issues of legal regulation and exclusion of evidence claimed in the court of first instance in criminal procedure. The author analyzed the legislative regulation of the procedure for the application and consideration of petitions for the exclusion of evidence, as well as some practical issues of petitions for the exclusion of evidence. The procedure for the application and consideration of petitions for the exclusion of evidence is not fully regulated by the legislator. The Criminal Procedure Code of the Russian Federation focuses on the stage of preliminary hearing, while on the merits procedure remains unsettled. The exclusion of evidence in a preliminary hearing prevents defective evidence from entering the trial. Repeated applications should be seen as an alternative to the institute of appeal, since a re-application of the petitions allows the parties to express their opinion on the decision and provide new evidence in support of their position. The resolution of the issue of the admissibility of evidence cannot be postponed to the stage of the verdict, since this contradicts the legal nature of the institution of excluding unacceptable evidence and its purposes. The author proposes to include application rules for the exclusion of evidence in the Code of Criminal Procedure at the stage of judicial investigation. The results of the present study contribute to the issue of inadmissible evidence.