ADMISSIBILITY OF EVIDENCE OBTAINED BEFOR THE ENACTMENT OF CRIMINAL PROCEDURE CODE 2012

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ADMISSIBILITY OF EVIDENCE OBTAINED BEFOR THE ENACTMENT OF CRIMINAL PROCEDURE CODE 2012

Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3

Abstract

The article deals with some aspects of admissibility, relevance, reliability, adequacy and legality of obtaining evidence in pre-trial investigations, including the Criminal Procedure Code of Ukraine in 1960, their evaluation by the court under the transitional provisions of the current Code of Ukraine during the trial. The attention is paid to the principles of presumption of innocence; direct study of testimony, things and documents; equality before the law and the court. There are cases when there is a violation of these principles. There are subjects may impede the achievement of objectives established by law through failure or abuse of procedural obligations granted the right that leads to litigation in matters concerning the admissibility of certain evidence and precluded the court the final decision. There is the attention that sometimes the proceedings and decisions of the investigator and prosecutor during the prelimi- nary investigation, raises some doubts about their objectivity and impartiality of inquiries of crimi- nal offenses and are solely intended to expose the accused with a criminal offense. This leads to the fact that mistakes made in the pre-trial investigation may be so significant that ex- clude the effectiveness of any attempt to save them from a position of admissibility. The context took place in the Ukrainian jurisprudence, when the court had to decide the case in which the charge was based only on the basis of confessions, testimony of the accused and the results of the reconstructions of the crime scene. But if the accused refused in court testimony, broke the whole scheme as the source lost its probative value. Active legal analysis of the provisions of Crimi- nal Procedure Code of Ukraine 1960 and the current Criminal Procedure Code of Ukraine on the ba- sis of which offered solutions to issues related to adoption of the final decision in the case, based on evidence obtained before the enactment of the Criminal Procedure Code of Ukraine 2012. There is positively evaluated in the current consolidation of the Criminal Procedure Code of Ukraine evidence of such properties as identity and admissibility and clear definition in Article 87 of the Code grounds inadmissibility data as evidence. On the other hand is observed that the legislator does not define a separate rule theoretical position limits sufficiency. Proposed Criminal Procedure Code of Ukraine supplemented the norm that would regulate the theoretical principles concerning the sufficiency of evidence in criminal proceedings, such as: "The volume of sufficiency or insufficiency of evidence in criminal proceedings determined by the court based on the limits of proof under the law and subject to special orders criminal proceed- ings provided chapter VI of the Code."

Authors and Affiliations

Natalia Pavlova

Keywords

admissibility accessories reliability the sufficiency of the evidence. The principle of pre- sumption of innocence; direct study of testimony; equality before the law and the court

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EP ID EP290518
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