Open AccessPlace of evidence in the mechanism of investigation of criminal proceedings about corruption crimes
Author(s) -
А.А. Shakhvorost,
О. В. Кузьменко
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.03.40
Subject(s) - language change , comprehension , subject (documents) , criminal investigation , criminal procedure , mechanism (biology) , psychology , criminology , epistemology , political science , law , computer science , philosophy , linguistics , library science , programming language
The article conducts a scientific study of the place of evidence in the mechanism of investigation of criminal proceedings on corruption crimes; the essence of the category of «proof» is determined, its characteristic features are established. The category of «proof» finds its origins in philosophy, in it it reflects one of the universal forms of comprehension of the world, and from it it was later borrowed from legal science. Unlike philosophy with its abstractions, in jurisprudence the category of «evidence» represents a separate, private relationship related to a particular, specific field of activity.
The study found that evidence in corruption investigations is the collection, verification, and evaluation of evidence to establish circumstances relevant to corruption offenses. Collection, verification and evaluation of evidence are elements of a single process based on a single methodology, but they are aimed at different sub-objectives in establishing circumstances relevant to criminal proceedings, which is the basis for their separation as separate elements. Gathering evidence is a purely practical activity, which consists in the subjects of proof of cognitive and evidentiary actions, in order to obtain new evidence. Methods of gathering evidence can be classified by subject (characteristic of the prosecution and characteristic of the defense) and by activity (active and passive). Verification of evidence is carried out by the subjects of evidence, which depend on the adoption of procedural decisions in criminal proceedings, by comparing and comparing the evidence with existing evidence in the proceedings, in the study of the content of evidence; purpose - to determine their reliability, eliminate doubts and contradictions, gaps in the evidence. Evaluation of evidence is a purely mental activity aimed at assessing the evidence in terms of relevance, admissibility, reliability, and the totality of the evidence collected - the sufficiency and interrelationship for the relevant procedural decision.