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Journal articles on the topic 'Evidence in criminal proceedings'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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1

Mamatkulova, Khosiyat. "Admissibility Of Electronic Evidence In Criminal Proceedings." American Journal of Political Science Law and Criminology 03, no. 02 (2021): 144–52. http://dx.doi.org/10.37547/tajpslc/volume03issue02-21.

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This article attempts to analyze the institution of admissibility of evidence, in particular electronic evidence. Some issues of the specifics of such evidence are also considered. As a result, some recommendations were developed to ensure the issue of admissibility of electronic evidence.

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2

Pastukhov, Pavel S. "ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta, no. 396 (July 1, 2015): 149–53. http://dx.doi.org/10.17223/15617793/396/27.

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3

Stockdale, Michael, and Adam Jackson. "Expert Evidence in Criminal Proceedings." Journal of Criminal Law 80, no. 5 (2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.

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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the

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4

Pachkolina, V. A., K. S. Kyrychenko, and M. R. Selivorstova. "MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 4 (2021): 536–38. http://dx.doi.org/10.32782/2524-0374/2021-4/132.

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5

Shalumov, M. S. "Electronic evidence in criminal proceedings." Criminal Procedure, no. 12 (2021): 80–85. http://dx.doi.org/10.53114/20764413_2021_12_80.

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6

Ilchenko, O. V., and H. S. Zinchenko. "Hearsay evidence as admissible evidence in criminal proceedings." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 238–42. http://dx.doi.org/10.24144/2788-6018.2021.03.44.

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The article is devoted to the study of problematic issues of recognizing hearsay evidence as admissible evidence in criminal proceedings. Hearsay evidence is a statement made orally, in writing or in another form about a certain fact, which is based on the explanation of another person. The scientific literature points out the imperfection of such a definition due to weak regulatory requirements for such procedural evidence and uncertainty about the possibility of giving the court certain documents by a person who is not the author, or the content of the document she read. In addition, a numbe

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7

Lukic, Tatjana. "Intelligence as evidence in criminal proceedings." Zbornik radova Pravnog fakulteta, Novi Sad 45, no. 1 (2011): 289–308. http://dx.doi.org/10.5937/zrpfns1101289l.

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8

Shepherd, J. P. "Presenting expert evidence in criminal proceedings." BMJ 307, no. 6908 (1993): 817–18. http://dx.doi.org/10.1136/bmj.307.6908.817.

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Shepherd, J. P. "Presenting expert evidence in criminal proceedings." British Dental Journal 175, no. 11 (1993): 392–93. http://dx.doi.org/10.1038/sj.bdj.4808334.

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10

Korobka, O. S. "ADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 4 (2021): 524–26. http://dx.doi.org/10.32782/2524-0374/2021-4/129.

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11

Blahodyr, A. A., S. M. Blahodyr, and V. S. Blahodyr. "SUBJECTS OF EVIDENCE DURING CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 11 (2021): 665–67. http://dx.doi.org/10.32782/2524-0374/2021-11/167.

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12

Horodetska, Maryna. "APPLICATION OF EVIDENCE STANDARDS IN CRIMINAL PROCEEDINGS." Ukrainian polyceistics: theory, legislation, practice 2, no. 2 (2021): 67–74. http://dx.doi.org/10.32366/2709-9261-2021-2-2-67-74.

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The article is devoted to the study of the application of standards of proof in criminal proceedings. The criminal procedural legislation for determination of standards of proof is analyzed. The international and national judicial practice of application of standards of proof is investigated. Peculiarities of application of standards of proof at different stages of criminal proceedings are revealed. Differences in the application of standards of proof in making different procedural decisions have been established. The standard of reasonable suspicion is investigated. It is determined that the

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13

GMYRKO, Valery P., Mykola Ye SHUMYLO, Viacheslav V. VAPNIARCHUK, Oksana V. KAPLINA, and Vasily P. SHYBIKO. "Judicial Nature of Evidence in Criminal Proceeding." Journal of Advanced Research in Law and Economics 10, no. 7 (2019): 1976. http://dx.doi.org/10.14505/jarle.v10.7(45).04.

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The urgency of the problem stated in the article is conditioned by the necessity to determine the legal nature of the evidence in criminal proceedings and the evolution of the views of domestic scientists on this legal phenomenon. The purpose of the article is to consider the legal nature of the evidence in criminal proceedings and to determine their legal structure. The main approach to the study of this problem was to conduct a methodological analysis of the phenomena of ‘concept’ and ‘definition’, on the basis of which it was argued that judicial evidence has no essence, and only the functi

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14

Cvorovic, Zoran. "Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 19–36. http://dx.doi.org/10.2298/zmsdn1654019c.

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This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of

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15

Labozeviča, Sanita. "ADMISSIBILITY OF EVIDENCE IN THE INVESTIGATION OF ROAD TRAFFIC ACCIDENTS IN PRE-TRIAL CRIMINAL PROCEEDINGS." Administrative and Criminal Justice 1, no. 86 (2019): 21. http://dx.doi.org/10.17770/acj.v1i86.4219.

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The research paper is devoted to the problems of evidence’s disposal admissibility in road accident investigation during pre-trial criminal proceedings. The understanding of evidence admissibility in the Latvian and foreign criminal procedural law theory and law enforcement practice is examined; implementation of the establishment during pre-trial criminal proceedings by investigating road accident crimes during pre-trial criminal proceedings. The objective of the research paper: to investigate theoretical and practical issues of the establishment of disposal admissibility by investigating roa

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16

Begma, Andrii, Galyna Muliar, and Oleksii Khovpun. "Criminal misdemeanors as a novelty of criminal and criminal procedure legislation." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 365–68. http://dx.doi.org/10.36695/2219-5521.2.2020.69.

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The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article cons

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17

Svitlana, Khomiachenko, and Chasova Tetiana. "Use of electronic evidence in criminal proceedings." Law. Human. Environment 11, no. 2 (2020): 175–81. http://dx.doi.org/10.31548/law2020.02.021.

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18

Bryanskaya, E. V. "Classification Value of Evidence in Criminal Proceedings." RUSSIAN JUSTICE 7 (July 2017): 98–101. http://dx.doi.org/10.17238/issn2072-909x.2017.7.92-101.

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19

Pisarić, Milana. "'Free movement' of evidence in criminal proceedings." Anali Pravnog fakulteta u Beogradu 64, no. 2 (2016): 147–70. http://dx.doi.org/10.5937/analipfb1602147p.

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20

Shepherd, Jonathan. "The Presentation of Evidence in Criminal Proceedings." Medico-Legal Journal 62, no. 1 (1994): 39–42. http://dx.doi.org/10.1177/002581729406200105.

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21

Kovačević, Milica. "Private recordings as evidence in criminal proceedings." Pravni zapisi 10, no. 1 (2019): 160–79. http://dx.doi.org/10.5937/pravzap0-20443.

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22

Fahl, Christian. "The Guarantee of Defence Counsel and the Exclusionary Rules on Evidence in Criminal Proceedings in Germany." German Law Journal 8, no. 11 (2007): 1053–67. http://dx.doi.org/10.1017/s2071832200006179.

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The right of counsel in criminal proceedings is granted by section 137 (1) of the Strafprozessordnung (Criminal Procedure Code), which gives a person the right to obtain legal advice in criminal proceedings whenever he or she wishes, or as the law states: “in jeder Lage des Verfahrens“ (at any stage of the proceedings). There are different stages of criminal proceedings, which are to be distinguished under German Law, but section 137 governs the whole process and is not limited, for instance, to the pre-trial or the trial itself.

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23

Hamroyev, Shukhrat, and Aleksey Parfyonov. "Civil Contract as an Evidence in Avestan Criminal Procedure." SHS Web of Conferences 50 (2018): 01230. http://dx.doi.org/10.1051/shsconf/20185001230.

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The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main instit

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24

Shabarovskyi, B. V. "Methods of Physical Evidence Verification in the Criminal Proceedings of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (2019): 105–11. http://dx.doi.org/10.32631/v.2019.2.10.

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Taking into account the fact that evidence verification remains a poorly researched criminal and procedural phenomenon, and physical evidence is an important mean of establishing the circumstances of criminal proceedings, the purpose of the study was to determine and characterize the methods of verifying physical evidence in the criminal proceedings of Ukraine. To achieve this purpose, the author has set the following tasks: to analyze the provisions of the Criminal Procedural Code of Ukraine in order to identify the methods of verifying physical evidence; to determine the peculiarities of phy

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25

Grubač, Momčilo. "Understanding of the concept of criminal procedure in the new Law on Criminal Procedure of Serbia." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 531–45. http://dx.doi.org/10.5937/gakv0611531g.

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In this paper the author has outlined that the solutions introduced in the new Law on Criminal Procedure of Serbia concerning the concept of criminal procedure, its structure and scope are confusing and wrong. In his opinion those mistakes have caused the largest number of other wrong solutions in the new Law, especially in regulation of presentation of evidence. Unlike the former pre-criminal proceedings, which was constantly and justifiably considered to be with no criminal procedural effect, the new Criminal Procedural Law treats even the police "pre-investigation" and prosecution investiga

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26

Maiorova, Ludmila. "Improving electronic evidence legal regulation in criminal proceedings." SHS Web of Conferences 134 (2022): 00074. http://dx.doi.org/10.1051/shsconf/202213400074.

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The paper analyzes new sources of information on criminal cases related to digitalization. The study considers the issue on the reasonability of the "electronic evidence" concept introduction into the criminal procedure, the need for additional guarantees of the procedural form of information technologies related evidence. The paper examines the theoretical approaches and requirements, formulated in Russian and European legislation, on the peculiarities of the admissibility of this evidence in criminal cases. Admissibility rules elaboration is a defining moment in this type of information prac

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27

Bespalko, I. L. "PROCEDURAL SOURCES OF EVIDENCE IN CRIMINAL PROCEEDINGS RELATED TO CRIMINAL OFFENSES." Actual problems of native jurisprudence 2, no. 2 (2021): 51–56. http://dx.doi.org/10.15421/392137.

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28

Edwards, Susan. "The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’." Journal of Criminal Law 73, no. 1 (2009): 48–68. http://dx.doi.org/10.1350/jcla.2009.73.1.548.

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This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to child abuse. This right against self-incrimination is differently applied in the civil and criminal forum. Where there are parallel civil and criminal proceedings and where different rules apply to the disclosure of fact, a respondent in a civil trial later facing criminal proceedings is at a disadvantage. This article explores the tension in the law with regard to a defendant's right to silence and

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29

Ponomarenko, Alla Vasylivna, Liudmyla Volodymyrivna Havryliuk, Anna-Mariia Yuriivna Anheleniuk, and Valentyna Georgievna Drozd. "Inadmissibility of Evidence in Criminal Proceedings in Ukraine." Revista Amazonia Investiga 9, no. 29 (2020): 147–55. http://dx.doi.org/10.34069/ai/2020.29.05.17.

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The aim of the article is to analyze the problematic aspects of finding evidence inadmissible in criminal proceedings, as well as to formulate, according to the Criminal Procedure Code of Ukraine (CCP of Ukraine) and the case law of the European Court of Human Rights (ECHR), proposals for elimination of existing shortcomings on the issue raised. In the article used general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, modelling, abstraction, gener

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30

Marochkin, Aleksei, and Viktoriya Slyvnaya. "Limits of proof in criminal proceedings." Law and innovations, no. 2 (30) (June 2, 2020): 82–86. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-12.

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Problem setting. Proving in criminal proceedings is evidence collection and research activity of special subjects of criminal proceedings. The specific purpose of prooving is to obtain knowledge that is close to reality. To achieve this purpose, the theory of criminal procedure operates with the concept of “limits of proof”. In view of the above, it is important to study this phenomenon, because, firstly, there is no legislative regulation, and secondly, there is no unity in the theory of criminal procedure on this issue. Target research. The aim of the work is to define the concept of the lim

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31

Mehmeti, Valon. "Argumentation – Evidentiary Procedure in Criminal Proceedings." SEEU Review 13, no. 1 (2018): 43–52. http://dx.doi.org/10.2478/seeur-2018-0005.

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Abstract The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings (Prosecution, Lawyer, Victim’s Advocate) in any case before the sanction is imposed, are involv

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32

Malysheva, O. A. "Features of criminal procedure evidence carried out by the investigator, in the context of digitalization of criminal proceedings." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 82–88. http://dx.doi.org/10.17803/2311-5998.2020.74.10.082-088.

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The article focuses on the change in the rules of criminal procedure evidence, due to the increasingly active introduction of digital technologies in the criminal procedure sphere. Taking into account the foreign experience of initiating and investigating criminal cases in digital format, the article clarifies promising areas of digitalization of Russian criminal proceedings. Means that prevent the investigator from violating the procedural form of evidence when using digital technologies in criminal proceedings are determined.

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33

Smyrnov, Maksym. "VIDEOCONFERENCE AS A PROCEDURAL FORM OF USING INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS OF UKRAINE." Law Journal of Donbass 75, no. 2 (2021): 175–81. http://dx.doi.org/10.32366/2523-4269-2021-75-2-175-181.

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The article deals with specific controversial issues concerning features of using videoconferencing in criminal proceedings in general as well as at its specific stages; also own conclusions and propositions are justified which are aimed at further development of criminal procedural legislation of Ukraine with the regard to the questions raised. The essence, meaning, advantages, current state, and perspectives of using videoconferencing in criminal proceedings of Ukraine and the area of international cooperation among the states in criminal justice are examined. The state of legal regulation o

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34

Muratov, K. D. "SIGNIFICANCE OF THE ADVERSARIAL USE OF MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 31, no. 4 (2021): 674–80. http://dx.doi.org/10.35634/2412-9593-2021-31-4-674-680.

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The idea of adversariality in criminal proceedings, carried away by its simplicity and originality in the context of public legal relations, after a certain period of time had passed the Criminal Procedure Code of the Russian Federation, gradually began to be reasonably questioned. The study of procedural procedures, the recognition of objects and documents as material evidence, as well as the subjects of the collection and presentation of material evidence, allow a closer look at the legal relationship and powers of the parties in criminal proceedings in the field of their implementation both

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35

Vasko, A. "COMPARISON OF LEGAL POSSIBILITIES OF USING INTELLIGENCE IN CRIMINAL PROCEEDINGS IN THE SLOVAK REPUBLIC AND IN THE CZECH REPUBLIC." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2021): 140–45. http://dx.doi.org/10.17803/2311-5998.2021.77.1.140-145.

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The purpose of this article is to study the possibilities of using operational-search information in criminal proceedings in the Slovak and Czech Republics. The author analyzes the current legislation on the issues under study in the context of criminal procedure law. The purpose of the study is to analyze and justify the possibility of using the results of operational investigative activities in criminal proceedings, mainly in the collection of evidence in both countries. Comparing the legal norms, the author came to the conclusion that the use of operational-search data is possible and appli

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36

Sharipova, A. B., G. Muhamadyeva, and A. K. Amankulov. "About the properties of evidence in criminal proceedings." Journal of actual problems of jurisprudence 93, no. 1 (2020): 128–38. http://dx.doi.org/10.26577/japj.2020.v93.i1.14.

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37

Meixner, John B. "The use of neuroscience evidence in criminal proceedings." Journal of Law and the Biosciences 3, no. 2 (2016): 330–35. http://dx.doi.org/10.1093/jlb/lsw028.

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38

Murphy, Thomas. "The Admissibility of CCTV Evidence in Criminal Proceedings." International Review of Law, Computers & Technology 13, no. 3 (1999): 383–404. http://dx.doi.org/10.1080/13600869955044.

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39

Pyashin, Sergey. "About some rules of an assessment of admissibility of proofs in criminal proceedings." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (2020): 119–24. http://dx.doi.org/10.35750/2071-8284-2020-1-119-124.

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The article considers the rules for assessing the admissibility of evidence in criminal proceedings, highlights the cases of recognition of evidence inadmissible in criminal proceedings; identifies typical errors in assessing the admissibility of evidence in practice. The author analyzes existing approaches to defining the concept of admissibility and its criteria. Based on the analysis of investigative and judicial practice, the author draws conclusions about the rules for assessing the admissibility of evidence, which include: the presence of an appropriate subject authorized to carry out cr

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40

Bihunets, Iryna. "Legal capabilities of a defense attorney to obtain evidence in a foreign country in the context of international cooperation in criminal proceedings." Slovo of the National School of Judges of Ukraine, no. 3(28) (December 19, 2019): 127–39. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-10.

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Modern domestic criminal-procedural practice often "meets" cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel's power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommen

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41

Bihunets, Iryna. "Obtaining evidence on the territory of a foreign state in the context of international cooperation during criminal proceedings: legal opportunities of defendant lawyer." Legal Ukraine, no. 3 (April 30, 2020): 47–54. http://dx.doi.org/10.37749/2308-9636-2020-3(207)-4.

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Modern domestic criminal-procedural practice often «meets» cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel’s power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommen

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42

Vaško, Adrián. "Intelligence Information within Criminal Proceedings." Danube 10, no. 3 (2019): 267–83. http://dx.doi.org/10.2478/danb-2019-0014.

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Abstract The purpose of this article is to study the possibility of using intelligence in criminal proceedings in the Slovak Republic. The author examines the current legislation related to the examined issue in the context of criminal procedural law. The aim of the study is to analyze and justify the possibility of using intelligence in criminal proceedings, especially in the taking of evidence. In the context of the current security challenges, this is a serious issue which is currently relatively little developed in theory. The author concluded that the use of intelligence information is po

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43

KOSTENKO, Roman, and Georgii YURIEV. "The Admissibility of Statements Provided by an Accused Person in the Russian Criminal Procedure." Journal of Advanced Research in Law and Economics 9, no. 5 (2019): 1684. http://dx.doi.org/10.14505//jarle.v9.5(35).21.

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This article substantiates that compliance with the requirement of admissible evidence acquires special significance for a criminal proceedings, which is proved by the analysis of various sources, including the current edition of the Criminal Procedure Code of the Russian Federation. Therefore, the article aims to determine the nature of admissible statements of the accused in the Russian criminal procedure as one of the most important types of legal evidence. The authors of the article have obtained crucial results for the study of criminal proceedings, defined the basic requirements th

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44

Klymchuk, Mykhailo, Sergii Marko, Yevhen Priakhin, Bohdana Stetsyk, and Andrii Khytra. "Evaluation of forensic computer and technical expertise in criminal proceedings." Revista Amazonia Investiga 10, no. 38 (2021): 204–11. http://dx.doi.org/10.34069/ai/2021.38.02.20.

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The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the resu

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45

Kuzmenko, O. V., and P. R. Levchuk. "Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 313–16. http://dx.doi.org/10.24144/2307-3322.2021.64.57.

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One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation

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46

Aftab Ahmad, Dr Aftab Ahmad. "DNA Fingerprints Facial Prints and Other Digital Forensics as Evidence in Criminal Investigation and Court Proceedings." International Journal for Electronic Crime Investigation 2, no. 1 (2018): 9. http://dx.doi.org/10.54692/ijeci.2018.02018.

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The purpose of this paper is to focus on the legitimacy and importance of digital evidence such as fingerprints, DNA, polygraph, auto-radiography, and facial-prints and their admissibility in investigations and court proceedings. The extracts from criminal databases are also relevant in this context. The modus operandi of criminals, particularly in case of repetition of similar type of offence is also of immense significance. Normally, the criminals operate adopting a specific manner or method. The killers have their own way or mode of committing the offence. The modus operandi changes from pe

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47

Fastovets, V. A. "PROBLEMATIC ISSUES OF TAKING EVIDENCE FROM KNOWLEDGEABLE PERSONS." Theory and Practice of Forensic Science and Criminalistics 16 (November 30, 2016): 72–79. http://dx.doi.org/10.32353/khrife.2016.09.

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Separate questions of obtaining testimonies from knowledgeable persons (carriers of special knowledge) in criminal proceedings have been investigated. The shortcomings of law enforcement activity on procedural registration of such statements, which contradict the requirements of the current criminal procedural legislation, are revealed. Own proposals on introducing amendments to the Criminal Procedural Code of Ukraine are presented.

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48

Sementsov, V. A., and V. A. Tsatsuro. "TRANSFORMATION OF SCIENTIFIC IDEAS ABOUT THE SUBJECT OF EVIDENCE IN RUSSIAN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (2020): 881–85. http://dx.doi.org/10.35634/2412-9593-2020-30-6-881-885.

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The subject of proof is a scientific category that has historically been represented. Modern science of criminal procedure, accumulated knowledge about the sphere of evidence, including its subject, and the ongoing modernization of criminal procedure law allow us to look at the subject of evidence from a new perspective when assessing its content and main features. According to the authors, the subject of proof, taking into account the purpose of criminal proceedings, stipulated in art. 6 code of criminal procedure, allows to significantly adjust its definition, pointing out the components of

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Metelev, O. "Problems of determining the admissibility and appropriateness of digital (electronic) evidence in criminal proceedings." Herald of criminal justice, no. 3 (2019): 224–38. http://dx.doi.org/10.17721/2413-5372.2019.3/224-238.

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The development of information technology, along with its indisputable advantages, has brought to our lives a number of negative phenomena related to the illegal use of computers and telecommunications. However, the issue of using digital information as evidence in the criminal procedural legislation of Ukraine remains almost unsettled, in particular, the place of digital evidence in the system of procedural sources of evidence (digital evidence is difficult to unambiguously attribute to material evidence or documents) remains unclear. Criminal proceedings raise problems regarding the correct

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50

Voskoboynik, I. O., and M. G. Gaidysheva. "On the issue of evidence and proof in criminal proceedings." Juridical Journal of Samara University 7, no. 2 (2021): 70–76. http://dx.doi.org/10.18287/2542-047x-2021-7-2-70-76.

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The article deals with the concept and essence of evidence in criminal cases. The correlation between the concepts of any information and actual data is analyzed in order to define the concept of evidence in criminal cases. The purpose of using evidence in criminal cases is justified. The article concludes that it is necessary to substantiate any procedural decisions with relevant, acceptable and reliable evidence.

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