Problems of non-verbal judicial actions in criminal proceedings

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Problems of non-verbal judicial actions in criminal proceedings

Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2018, Vol 1, Issue 35

Abstract

The article is dedicated to the definition of the essence of judicial non-verbal actions in criminal proceedings. It is suggested to consider judicial actions as procedural ones regarding the examination of evidence, based on non-linguistic means of communication and of obtaining information with the help of sense organs by the criminal proceeding participants in an adversarial trial. The types and characteristics of the following types of court actions are determined: examination of material evidence, study of documents, study of sound and video recordings, inspection on the spot. The order of carrying out various non-verbal judicial actions in adversarial judicial proceedings is disclosed. The article considers a certain sequence in the study of material evidence, documents, sound and video recordings, conducting an inspection on the spot during the trial (judicial investigation). The arguments are given as for the necessity to complete the criminal procedural legislation with the norm regulating the non-verbal judicial action «Examination». The attention is paid to the expediency of clarifying the title of Art. 361 of the Criminal Procedure Code of Ukraine «Inspection on the spot» for «Inspection at the scene of action», of changing the name of Art. 358 of the Criminal Procedure Code of Ukraine «Study of documents» for «Inspection and disclosure of documents».

Authors and Affiliations

І. І. ШЕПІТЬКО, I. I. Shepitko

Keywords

judicial action. non-verbal judicial action. judicial proceedings. examination of material evidence. study of documents. study of sound and video recordings. inspection on the spot.

EP ID EP534283
DOI -
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