Open AccessHearsay evidence as admissible evidence in criminal proceedings
Author(s) -
O.V. Ilchenko,
H.S. Zinchenko
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.03.44
Subject(s) - hearsay , admissible evidence , law , reasonable doubt , criminal procedure , statement (logic) , psychology , federal rules of evidence , confrontation clause , criminal law , presumption , political science
The article is devoted to the study of problematic issues of recognizing hearsay evidence as admissible evidence in criminal proceedings. Hearsay evidence is a statement made orally, in writing or in another form about a certain fact, which is based on the explanation of another person. The scientific literature points out the imperfection of such a definition due to weak regulatory requirements for such procedural evidence and uncertainty about the possibility of giving the court certain documents by a person who is not the author, or the content of the document she read. In addition, a number of scholars point to the importance of such an institution of evidence in criminal proceedings, as sometimes such testimony from others may be the best evidence available.
Certain contradictions in the conditions of admissibility of using hearsay evidence as a procedural source of evidence, which are enshrined in criminal procedural law, are analyzed. On the example of judicial practice, the peculiarities of the application by national courts of the law on the recognition of hearsay evidence as proof confirming the guilt of a person in committing a criminal offense were considered. Attention is drawn to the need to improve the legislative regulation of hearsay evidence in order to adhere to the principle of direct examination of evidence and presumption of innocence and ensure proof of guilt, which will really help the court to make the right decision and perform criminal proceedings.
It is noted that the use of such testimony as evidence in criminal proceedings is an exception to the general rule and is a rather controversial institution, as in the science of criminal procedure and jurisprudence there is no consensus on the appropriateness of consolidation or its existence in general. It is concluded that it is appropriate to make changes in the definition of "hearsay evidence", the conditions of admissibility of such testimony and the impossibility of interrogation of the person who is the original source.