scholarly journals Electronic segment in the criminal procedural legislation of the Republic of Belarus

2020 ◽  
Vol 1 (1) ◽  
pp. 168-175
Author(s):  
Anton Stolitnii
Keyword(s):  
Video Recording ◽  
Sound Recording ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedural Law ◽  
Video Conferencing System ◽  
Expert’S Opinion ◽  
The Republic ◽  
Conferencing System

The article deals with study of the electronic segment in the criminal procedural legislation of the Republic of Belarus. It is established that in the Republic of Belarus there is a specialized electronic instrument of criminal process in the form of an information system - information help funds of law enforcement agencies, and in the form of technical devices - electronic means of control; technical controls. Non-specialized electronic tools of criminal proceedings are also provided, including: video equipment; electronic media; audio and / or video recording facilities; means of communication; scientific and technical means; video conferencing system; technical means; technical means of communication; technical means of fixation and the like. The use of electronic evidence has been investigated. In particular, it provides for the announcement of the testimony of the accused, the victim and the witness, the reproduction of a sound recording, video recording or filming of his testimony; announcement at the hearing of the protocols of investigative actions; inclusion in the expert's opinion of photos confirming the expert's conclusions. The electronic form of the procedural document is indirectly reflected through the indication in the criminal procedural law of the method of its production. The prism of the investigative action protocol regulates the separate issues of their electronic fixation. Transcripts, filming, sound recording and video recording can be used to ensure the completeness of the protocol. The general issues of regulation of electronic fixation of investigative actions are studied, and through the lens of the protocol of investigative action - separate issues of electronic fixation of investigative actions. The requirements for electronic fixing of the examination, examination of the corpse, exhumation, investigative experiment, arrest of postal and telegraph and other items, their inspection and seizure, listening and recording of negotiations, interrogation, presentation for examination are described in the Criminal Procedure Code of the Republic of Belarus on-site testimony. The trial is accompanied by shorthand, sound recording or video recording

scholarly journals Involvement of a Specialist in Criminal Proceedings: A Defense Party’s Duty, Right or Opportunity

2020 ◽  
Vol 15 (4) ◽  
pp. 82-89
Author(s):  
A. P. Bozhchenko ◽  
I. M. Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Probative Value ◽  
Procedural Law ◽  
Professional Duty ◽  
Expert’S Opinion ◽  
Further Development

The article reviews the contradictions between the procedural law and an attorney’s professional duty to use an opinion of a knowledgeable person in the system of criminal procedure protection. The paper provides an analysis of the problems and difficulties arising in the implementation of this right in the criminal process leading to violation of the equality and adversarial principles: the optionality of the defense’s right to involve a specialist; the biased attitude of law enforcement agencies to the expert presented by the defense; the desire to diminish the probative value of the specialist’s conclusion and testimony; the absence of an obligation for an investigator and court in all cases to attach the expert’s opinion to the case. The author emphasizes how important it is for all the participants in the criminal process to understand the expert’s opinion and testimony’s independent evidentiary value. Proposals that contribute to the legal specificity and further development of the specialist institution within the framework of the fundamental principles of competition and equality of the parties are presented.

scholarly journals MATERIALS OF SOUND AND VIDEO RECORDING AS TYPE OF SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 551-566
Author(s):  
H. Kutskir
Keyword(s):  
Video Recording ◽  
Material Object ◽  
Sound Recording ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Sound Recordings ◽  
Physical Evidence ◽  
Expert Opinions ◽  
Video Recordings ◽  
Factual Data

The article is devoted to clarifying the concept, place and role materials of sound and video recording as type of source of evidence in criminal proceedings. It is noted that evidence may be only those factual data that are obtained as a result of investigative (search) actions and their variety, such as covert investigative (search) actions, other procedural actions that are provided by the Criminal Procedure Code of Ukraine, and in the order provided by the relevant procedural action. Attention is drawn to the fact that the system of procedural sources of evidence used to establish factual data is defined in the CPC of Ukraine and consists of testimony, physical evidence, documents and expert opinions. Attention is paid to documents as a source of evidence. It is determined that the legislator refers the materials of audio and video recordings to such a source of evidence as a document. It is emphasized that in this case it is necessary to evaluate the information itself, and not the material object on which they are recorded. The peculiarities of establishing the features and properties of video and sound recording as a separate type of documents and determining their affiliation to physical evidence or documents due to the specific process of their formation are indicated. Given is a detailed description of the procedure for their delimitation. It is stated that the collection, receipt and request materials of photographs, sound recordings, video recordings and other media belongs to the prosecution, the defense, the victim in order to establish the circumstances relevant to the criminal proceedings. It is emphasized that any collection of evidence is possible only in accordance with the procedure provided for by the CPC of Ukraine, that is, in compliance with the criminal procedural form. The legal consolidation and practical application materials of sound and video recording in criminal proceedings is determined, in particular, that materials of video and sound recording can be obtained as a result of recording the course and content of investigative (search) actions and covert investigative (search) actions, as well as when recording a court session. Video and sound recordings obtained during of procedural actions are attached to the protocols of investigative (search) actions, covert investigative (search) actions and are stored in the materials of criminal proceedings.

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

scholarly journals Assessing the admissibility and reliability of an expert’s conclusion by an investigator in the investigation of crimes in the field of financing targeted social programs

2020 ◽  
Vol 3 (3) ◽  
pp. 256-264
Author(s):  
Dmytro Viter
Keyword(s):  
Point Of View ◽  
Sources Of Information ◽  
Criminal Proceedings ◽  
Scientific Validity ◽  
Procedural Law ◽  
Logical Connection ◽  
Material Sources ◽  
Logical Sequence ◽  
Expert’S Opinion ◽  
Expert Study

It is emphasized that the general criteria for evaluating an expert’s opinion are its relevance, admissibility, reliability and interconnection with other evidence in criminal proceedings on crimes in the field of financing social target programs. The admissibility of an expert’s opinion implies compliance with all formal re-quirements stipulated by law when working with him, as well as with other evidence. It is indicated that admissibility should be attributed only to the form, not touching the content of the evidence, since when assessing an expert’s opinion it will be important to establish the correctness of its design and the availability of all the details required by law. It is proved that in order to confirm the admissibility of the expert’s opinion, the investigator needs to determine whether the requirements of the procedural law were met with respect to the subject of research, material sources of information, means, techniques and other conditions for obtaining an expert’s opinion. In addition, when evaluating the expert’s opinion, it must be taken into account that the admissibility of objects examined by the expert also affects its admissibility. It is emphasized that admissibility, as a property of proof, is closely related to its other property - reliability. A formal reliability assessment is described, which involves checking the sufficiency of the material provided for the study, the source data; correspondence of the number of conclusions to the number of questions posed. The author also focused on assessing the meaning of the expert’s opinion, which is aimed at establishing the comprehensiveness, scientific validity, logical sequence, correctness and persuasiveness of the information it contains. When assessing an expert’s opinion from the point of view of its reliability, the investigator also evaluates the validity, which includes the completeness, persuasiveness and objectivity of both the conclusion itself and the expert study conducted. It is separately indicated that the motivation of the expert’s conclusion is a component of its reliability and indicates the presence of a logical connection between individual sections or parts of the expert study, intermediate and final conclusions of the examination, which is why the conclusions should logically follow from the expert’s research. Also emphasized is the need to assess the expert’s competence and competence when assessing the admissibility of an expert’s opinion. The detailed characteristic of the mentioned criteria for assessing the expert opinion is given.

scholarly journals THE CONCEPT OF EFFICIENCY OF DETENTION OF A PERSON IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 76 (3) ◽  
pp. 158-168
Author(s):  
Myroslav Pototskyi ◽  
Keyword(s):  
Information Support ◽  
Clear Understanding ◽  
Criminal Proceedings ◽  
Short Term ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
Starting Point ◽  
Definition Of ◽  
The Individual ◽  
The Right

The article focuses on the study of the concept of the effectiveness of detention of a person in criminal proceedings. It is emphasized that criminal procedural detention is an important tool of the criminal procedural activity of the prosecution. Not enough attention has been paid to the definition of the effectiveness of criminal procedural detention in the scientific literature. When posing the problem statement, it is noted that the study of the concept of the effectiveness of detention is the starting point in the study of ways to improve the effectiveness of such coercive measures. The relevance of the study of the concept of the effectiveness of criminal procedural detention is also enhanced by the fact that achieving a clear understanding of the effectiveness of detention can serve as a reliable basis for developing and improving the effectiveness of criminal procedural detention. The effectiveness of criminal procedural detention takes into account the balance of interests of the state and the individual, the balance of legal capabilities of law enforcement agencies and effective mechanisms for protection against arbitrariness. There are three signs of the effectiveness of criminal procedural detention: prompt achievement of the goal; legality on the basis of a qualitative law; short-term restriction of the right to liberty. During the presentation of the main material the procedural characteristic of each of them is given. We do not consider the selected criteria of efficiency of criminal procedural detention to be exclusive. The effectiveness of any criminal procedure institution is not a static phenomenon. It is dynamic and depends on the specific circumstances of the criminal proceedings. Based on the study of the above features, the concept of the effectiveness of criminal procedural detention is formulated. The effectiveness of criminal procedural detention is the ability to detain in a legal manner, regulated by a quality criminal procedural law, by short-term restriction of the right to freedom to promptly achieve the goal of ensuring proper conduct of the suspect and the information support of the initial stage of pre-trial criminal proceedings.

scholarly journals The Role of the Court in Proving Criminal Cases: Unexpected Cross-Industry Analogies

Legal Concept ◽  
2020 ◽  
pp. 117-122
Author(s):  
Aliya Sharipova
Keyword(s):  
Burden Of Proof ◽  
Active Role ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
Analysis And Synthesis ◽  
Special Rules

Introduction: consideration of the issue of truth in criminal proceedings is replaced by the issue of the active role of the court in collecting evidence. Avoiding rhetorical questions allows the discussion to be redirected from an ideological framework to a legal one. The purpose of the work is to identify the patterns of litigation of different branches of procedural law related to the participation of state bodies in the case in defense of a large public interest. It is assumed that the high interest of the authorized state bodies in making judgments in their favor in criminal cases and in arbitration tax cases leads to the same type of legal phenomena in these different proceedings. The determining method of the research was the method of comparative jurisprudence. Also, the study used the methods of historicism, system-structural analysis and synthesis. Results: on the example of criminal and arbitration tax cases, an adjustment of procedural law and its application to the needs of state bodies was found to facilitate their winning cases. This is manifested at the level of the introduction of “special” rules that facilitate proof for tax and law enforcement agencies. The period of work of the tax authorities without such adjustment was distinguished by an explosive growth in its quality. Conclusions: true adversarial nature allows government agencies to improve the level of their work in terms of proving the legally significant circumstances of court cases. The rejection of adversariality, replacing it with the active role of the court, entails the redistribution of part of the burden of proof to it, which has far-reaching negative consequences for the quality of justice in the categories of cases under consideration in general.

scholarly journals ELECTRONIC SEGMENT IN THE CRIMINAL PROCEDURAL LAW OF THE REPUBLIC OF LITHUANIA

2020 ◽  
pp. 72-82
Author(s):  
A. Stolitnii
Keyword(s):  
Digital Media ◽  
Electronic Monitoring ◽  
The Body ◽  
Criminal Proceedings ◽  
Electronic Communications ◽  
Criminal Process ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Electronic Recording ◽  
The Republic

The article deals with the study of the electronic segment of criminal process in the Republic of Lithuania. Specialized electronic tools of criminal process in the form of information systems are analyzed, including: Integrated information system of criminal process, special website; electronic monitoring device. There are also a few non-specialized electronic criminal process tools, including: audiovisual telecommunications, electronic communications, electronic and digital media. The requirements for electronic recording of individual investigative actions using photography, audio, video, filming, other means and instruments of fixation have been investigated. Requirements for electronic recording of interrogation, search, arrest, identification of a person by a photo are noted. The norms of the Criminal Procedure Law of the Republic of Lithuania governing the electronic form of a criminal case in the form of an electronic file are stored, which stores electronic procedural documents drawn up or received in the course of a pre-trial investigation signed by a secure electronic signature. The rules for electronic communication between the subjects (participants) of the pre-trial investigation are analyzed. Procedural actions in the criminal proceedings of the Republic of Lithuania, carried out by the body of pre-trial investigation, by the prosecutor or the judge may be recorded electronically. With the consent of the investigator, at the conclusion of the pre-trial investigation, a copy of the pre-trial investigation file may be transmitted electronically and a copy of the indictment by electronic means or by electronic means. It is established that the trial is accompanied by electronic recording of its progress and results, participation in the trial of criminal proceedings can be ensured by remote transmission of audio and video, and familiarization with procedural documents – on a special website and e-mail. According to the results of the study of the electronic segment, the criminal procedural law of Latvia establishes the opportunity to use such experience in the introduction of electronic technologies in domestic science and practice of criminal procedural activity, the possibility of qualitative legislative implementation of changes.

scholarly journals The Application of Video Conferencing in Criminal Proceedings: Prospects of Legal Changes

2021 ◽  
Vol 1 ◽  
pp. 14-18
Author(s):  
Maryam Sh. Bufetova ◽  
◽  
Dmitriy N. Kobzar ◽  
Keyword(s):  
Russian Federation ◽  
Video Conferencing ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Video Conferencing System ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Points Of View ◽  
Conferencing System

The article discusses the use of video conferencing systems in criminal proceedings under the current legislation. The prospect of changing the norms of criminal procedure legislation with the extension of the possibility of using videoconferencing systems to the stage of preliminary investigation is considered. Studied problematic and debatable issues of conducting investigative actions remotely via videoconference-studied the types of investigative actions that can be carried out remotely, the grounds and procedure for their conduct and certification. Various points of view on the possibility of using the video conferencing system at the stage of preliminary investigation, as well as the position of the Supreme Court of the Russian Federation, were studied. It is concluded that it is necessary to introduce such changes in the criminal procedure legislation in the context of the pandemic and the worldwide spread of coronavirus.

scholarly journals PERCEPTION AND USE OF VERBAL AND NON-VERBAL INFORMATION WHEN CONDUCTING INVESTIGATIVE ACTIONS

2019 ◽  
pp. 169-179
Author(s):  
Keyword(s):  
Law Enforcement ◽  
Interpersonal Communication ◽  
Video Recording ◽  
Direct Perception ◽  
Joint Analysis ◽  
Verbal Information ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Verbal Behaviour ◽  
Evaluation Of Evidence

Non-verbal information is indicative. Most scientists believe that it can not be considered as a source of evidence and has only a tactical value. In general, we can agree with this, but the connection between non-verbal information and evidence exists that it is necessary to take into account and use in criminal proceedings. Non-verbal information may suggest where and what sources of evidence can be found (the corresponding human response to certain irritants from the investigator: logical arguments, presented objects or documents, evidence of accomplices, etc.); point to the attitude of a person to other participants in criminal proceedings, to the motives of the crime, etc. It can strengthen the evidentiary value of the testimony of a person or, conversely, enter into conflict with them. Non-verbal information is an important component in the system of interpersonal communication and is closely connected with verbal information, forming a complex means of communication, significantly influencing the content, character, goals and results of investigative tactics. Direct perception of non-verbal manifestations (appearance, non-verbal behaviour, manner of communication) along with linguistic (verbal) characteristics creates a certain image of the recipient and determines the range of tactical methods and psychological means of influence that will be most effective in this situation. Proper decoding of non-verbal information should be based on the study of psychological and forensic literature. It would be desirable for criminalists and psychologists to jointly develop appropriate educational and methodical manuals, reference books, and for law enforcement agencies to introduce special courses on the basis of legal institutions to provide relevant knowledge and skills to practitioners in a comprehensive perception and use of verbal and non-verbal information. Special attention in the study of non-verbal behaviour and other manifestations of non-verbal information should be paid to the methods of observation, analysis of verbal information and non-verbal manifestations in their comparison, as well as an emotional experiment to stimulate non-verbal behaviour. It is advisable to use the results of studying non-verbal information in constructing tactics of investigative actions, psychological and forensic diagnostics of their participants, awareness of the circumstances of a crime, signs of giving false testimony. They may also influence the evaluation of evidence, increasing their strength or pointing out their possible fallacy. In each case of an investigative action, it is necessary to consider whether it is advisable for a specialist psychologist to participate in it – a specialist in non-verbal information and its interpretation, as well as a joint analysis of such behaviour after the investigative action, which should be accompanied by video recording. Key words: verbal information, non-verbal information, investigation (search) action, criminal proceedings, criminalistics.

scholarly journals Involvement of an expert and conduction of an expert examination within criminal proceedings in the environmental sphere

2018 ◽  
Vol 71 (4) ◽  
pp. 66-71
Author(s):  
L. Yu. Misiura
Keyword(s):  
Criminal Proceedings ◽  
Procedural Law ◽  
Criminal Offenses ◽  
Procedural Code ◽  
Expert’S Opinion ◽  
The Law ◽  
Definition Of

The types of examinations which can be carried out within criminal proceedings in the environmental sphere have been determined. The procedure for involving an expert and conducting an expert examination within criminal proceedings in the environmental sphere has been revealed. The problematic aspects of an investigator, prosecutor’s activity at the specified stage of pre-trial investigation of criminal offenses against the environment have been highlighted. It has been noted that during the determination of the types of examinations to be carried out within criminal proceedings in the environmental sphere, an investigator, prosecutor must take into account the circumstances of the case and the complex of tasks that done by the court examination. The author has researched the problem issues arising at the stage of involving an expert, one of which is the referral to the examination of materials determined by an investigator at his discretion, which are insufficient for the examination. In this regard, the author has offered to extend the content of Part 7 of the Art. 244 of the Criminal Procedural Code of Ukraine, providing the necessity to include besides the questions posed to an expert, the list of materials of criminal proceedings (including expert samples) into the content of the decision on the order of conducting the examination, sent for examination, since in most decisions this question is not reflected by the investigating judges. It has been noted that the absence of a certain subject at the level of criminal procedural law authorized to appoint an audit, inspections within criminal proceedings, sometimes prevents the conduction of an examination. The author has proved the necessity of amending criminal procedural law in order to provide the investigating judge with the authority to appoint audits, inspections within criminal proceedings, as well as the detailed regulation of the procedure for applying to an investigating judge with the request for the appointment of an audit or inspection, requirements for such a request, the procedure and terms of their consideration, procedures for extending the terms of inspection or audit. According to the results of the study, the author has concluded that the activities of a prosecutor at the stage of involving an expert and conducting an examination within criminal proceedings in the environmental sphere should be focused on the control: the correctness of the definition of the type of expert examination by an investigator and the timeliness of the appeal to the investigating judge with the request for the examination, completeness and quality of materials sent to an expert for the examination, adherence to the procedure for carrying out the examination and compliance with the expert’s opinion with the requirements of the law, etc.

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