GRAVITY OF CRIMES AS A FACTOR WHICH LIMITS THE POSSIBILITY OF CARRYING SECRET INQUISITIONAL (SEARCH) ACTION AND THE АDMISSIBILITY OF THE EVIDENCE OBTAINED
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 4
Abstract
The article examines the problems of recognizing the gravity of the crime as a factor limiting the conduct of secret inquisitional (search) actions and the admissibility of the evidence obtained. The author, on the basis of materials of criminal proceedings, proves that in this area of criminal justice there are a number of problems that need to be solved: in some cases investigators (search) actions that are allowed to be conducted only in the investigation of serious and particularly serious crimes committed in proceedings on crimes of lesser severity; problematic is the question of assessing the admissibility of the results of such inquisitional (search) actions as evidence in the case of retraining criminal proceedings towards mitigation, with a corresponding reduction in severity to the level of crime of small or medium gravity. Given the existence of these problems, the article proposes steps to address them.
Authors and Affiliations
Artem SHYLO
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