EVIDENCE IN UKRAINE'S CRIMINAL PROCEDURE: CONCEPT AND CLASSIFICATION
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
One of the commonly accepted traditional classification groups for evidence in criminal justice is their division into direct and indirect (by-passing). The need for such a classification does not call into question. This article focuses on the important role of the classification of indirect evidence in connection with the further study of their content and significance in proving the criminal process. Two large groups of indirect evidence are considered: substantive and auxiliary. The first group of circumstances establishes the presence of an unlawful act, its object and the objective side. The second group includes the circumstances which are established: the person who committed the crime; the achievement of this person by the age from which it may be prosecuted; dignity and so on. Offered classification of indirect evidence allows them to find out more deeply their essence, content and functions in order to establish objective truth in criminal proceedings and to make a lawful, substantiated and fair decision. Indicative evidence can also be classified according to specific characteristics. Such a classification provides ample opportunity for a comprehensive analysis of indirect evidence, determination of their role and meaning, selection of optimal tactical methods and methods for their collection and verification. Classification of indirect evidence is an important and necessary condition for their research, contributing to the most complete and comprehensive analysis of their place and role in proving a criminal proceeding. This classification is a utopia, given the inexhaustibility of indirect evidence, as well as their conditional nature. Of course, these features are inherent indirect evidence, but this does not preclude the need to classify them into groups in order to thoroughly explore them. Of course, nobody will ever give an exhaustive list of indirect evidence, but grouping them according to certain criteria (signs), having studied the features of each group, it is possible to establish more and more rules of their use in criminal proceedings
Authors and Affiliations
О. М Гумін, М. М. Коваль
Keywords
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