Journal article Open Access

Opportunities to Clarify the Features of Evidence and Reasons for Legal Liability of Investigator and Other Bearers of Power for Violation of the Procedure for their Obtaining in Anti-Criminal Proceedings

Yu.O. Lantsedova, A.K. Vinogradov

The article proves that evidence in anti-criminal proceedings have only such basic juridical features as significance, quality and credibility. Admissibility of evidence is not its feature but the result of evaluation and examination. Attention has been drawn that violation of the procedure of obtaining evidence which did not result in the loss of its basic juridical features will not contribute to inadmissibility of evidence in anti-criminal justice and should only lead to legal liability of a guilty authority.  

The authors propose a new version of parts one and two of Article ‘Evidence, its Features, Sources, Subjects, Procedure and Actions Regarding Obtaining and the Form of Handling’ in the Code of Anti-Criminal Proceedings of Ukraine and any other state.

The first part of this article says that evidence is any information on the fact in general or its part which is obtained from objective, subjective and mixed sources and when it acquired such features as significance, quality and credibility during evaluation. Based on this, such information can be accepted as evidence and be used as evidence when it acquires basic additional features as coherence and sufficiency when the subject of anti-criminal proceeding (investigator, judge) make his/her final decision.     

The second part of the article mentions the essence of these features of evidence and sequence of work in anti-criminal proceeding.

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