Legal Nature of Private Video Recordings as Evidence in Criminal Proceedings

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gergana Ivanova ◽  
Keyword(s):  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Physical Evidence ◽  
Video Recordings ◽  
Main Emphasis ◽  
Legal Nature ◽  
Definition Of ◽  
Dual Treatment

The article analyzes the legal nature of private video recordings as evidence in criminal proceedings through the prism of the increasing development of technology and the concept of electronic evidence. The main emphasis in the paper is placed on the derivation of a definition of this particular source of evidence and the possibilities for its dual treatment as physical and non-physical evidence.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

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.

ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Anastasiia Antoniuk ◽  
◽  
Valeriia Rusetska ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Effective Implementation ◽  
Procedure Code ◽  
Definition Of ◽  
Developed World ◽  
Theoretical Issues

This article is devoted to the consideration of theoretical issues related to the introduction in Ukraine of the institution of electronic evidence of criminal proceedings. The article also raises the question of ways to obtain electronic evidence. The article notes that in the modern developed world there are more and more new types of crimes. In this context, we will consider crimes closely related to the use of information technology. Proving such crimes raises some difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of a methodology for their study. Also, the author of the article notes that among the unresolved and problematic aspects of using electronic evidence in criminal proceedings in Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; difficulties in identifying and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists for conducting legal proceedings; lack of a developed methodology for studying such evidence; lack of uniform terminology and regulation at the legislative level. It is determined in the article that for the effective implementation of international law in the field of combating cybercrime, it is advisable to substantiate the need for a legislative definition of electronic evidence, sources of their formation, the admissibility of international cooperation through the exchange of electronic evidence, the expediency of using electronic methods of sending requests and responses about their implementation, the possibility application of control information supply for investigation of transnational computer crimes. Based on the above, the author offers his own definition of electronic evidence. It is concluded that it is necessary to legislatively consolidate the term "electronic evidence" and continue to study the category, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and recording them.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Doctrinal approach to the definition of the term “electronic evidence” in criminal proceedings

2021 ◽  
pp. 136-140
Author(s):  
Artem Kolichenko
Keyword(s):  
Criminal Procedure ◽  
Legal Norm ◽  
Evidence Based ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Electronic Evidence ◽  
Definition Of

The presence of terminological disunity in the doctrine of criminal procedure in the definition of the term “electronic evidence” leads to misunderstanding or even misunderstanding of the essence and purpose of the designated phenomenon. Thus, the purpose of the article is to develop the term «electronic evidence» based on the existing doctrinal provisions. In addition, this article attempts to consolidate the existing knowledge about the term “electronic evidence”, its future and present for the modern criminal process. The author emphasizes the impossibility of formulating a legal norm related to electronic evidence without a specific and clear concept.

scholarly journals ON THE ESSENCE AND LEGAL NATURE OF THE FORENSIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 5-16
Author(s):  
V. Tishchenko ◽  
L. Belik ◽  
O. Samoilenko ◽  
Yu. Tishchenko
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Science ◽  
Forensic Examination ◽  
Legal Nature ◽  
Forensic Expert ◽  
The Law ◽  
Definition Of

The article is devoted to the study of aspects of the essence and legal nature of forensic examination in criminal proceedings. It is analyzed the provisions of the Law of Ukraine “On Forensic Examination”. The norms of the Criminal Procedure Code concerning the grounds for the appointment and conduct of forensic examination have been investigated. It has been established that many scientists in the field of civil procedural law, criminal procedural law, criminology and forensic examination paid attention to the legal content of the forensic examination. The nature of occurrence of forensic examination has been investigated. It has been established that at the legislative level, the term “forensic expert activity” is used only in the Law of Ukraine “On Forensic Examination”. In the specified normative legal act there is no clear definition of this concept, scientists through the analysis of some norms of law reveal its content. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. The article analyzes the criminal procedure form of appointing a forensic examination. Key words: forensic examination, criminal proceedings, forensic expert activity, forensic expertology, criminal procedural form.

scholarly journals ЩОДО ПИТАННЯ ПРО ПРАВОВУ ПРИРОДУ ПРЕЮДИЦІЇ У КРИМІНАЛЬНОМУ ПРОЦЕСІ

2019 ◽  
Vol 15 ◽  
pp. 105-111
Author(s):  
Ю. П. Аленін ◽  
Д. В. Шилін
Keyword(s):  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
Definition Of

Стаття присвячена визначенню правової природи преюдиції як явища сучасного кримі­нального процесу, шляхів удосконалення механізму використання преюдиції у криміналь­ному процесі. Досліджується й обґрунтовується питання про те, що інститут преюдиції є комплексним правовим інститутом.   The article is devoted to the definition of the legal nature of preclusion as a phenomenon of the contemporary criminal proceedings and to the definition the ways to improve the mecha­nism of applying preclusion in criminal proceedings as well. The issue of whether the preclusion is complex legal institution is investigated and proved.

IMPROVEMENT OF MECHANISMS OF PUBLIC POLICY IMPLEMENTATION IN THE SOCIO-HUMANITARIAN SPHERE

2018 ◽  
Author(s):  
Andrii Moisiiakha ◽  
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Public Administration ◽  
State Policy ◽  
The State ◽  
Practical Implementation ◽  
Humanitarian Mission ◽  
Legal Nature ◽  
Public Policy Implementation ◽  
Definition Of

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.

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