Abstract

The article is about the problem questions that appears in the judicial practice in case of the change by the court of the appeal instance of the criminal breach qualification without carrying out of the pre-trial investigation and realization in connection with this the principles of the directness research of evidences. The conclusions was made that in case when the court of the appeal instance revalues only one of the evidences, which was received in the court of the first instance, so this is a reason for the directness research by it of all other evidences; the revaluation of the court of the appeal instance of the factual circumstances, which were established by the court of the first instance, and a change because of this of the criminal-law activity, is not a revaluation of the evidences and does not give an obligation for the court of the appeal instance iteratively to make the directness research of all evidences in the criminal case.

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