Examination of evidence in criminal proceedings as a component of the proof process

Abstract

Despite the active use of the term "examination of evidence" in the current Criminal Procedure Code of Ukraine, the scientific literature lacks a common position on the content and significance of this component of the evidence process, which allows to emphasize the relevance of its research. Therefore, the purpose of this article is to clarify and substantiate the essence of the examination of evidence in criminal proceedings as part of the proof process. To achieve this goal following methods were used: linguistic analysis, generalization, formal-logical, formal-legal, system-structural, product analysis, comparative and modeling; activity and praxeological approaches, and a number of techniques of formal logic. It is established that the provisions of the Criminal Procedure Code of Ukraine require the court to personally and directly examine the evidence that will be used to make a decision on the merits in the criminal proceedings. Such evidence is submitted by the parties of the proceedings, after which the court examines and demonstrates to the participants material evidence and announces (reproduces) the content of documents and expert opinions. The testimony is examined through the parties and other participants in the trial asking questions to the interrogated persons. It has been established that the examination of evidence by a court (as well as proof process in general) contains practical (instrumental) and mental (cognitive) components. The authors argue that the examination of evidence takes place not only in court, but also during the pre-trial investigation of criminal offenses. It is determined that the examination of evidence in criminal proceedings consists of familiarizing of the subject of evidence with a particular source of evidence, obtaining and clarifying the content of factual data from such a source, assessment of the source for admissibility, verification of facts, their assessment for relevance, reliability and (in combination with other evidence) sufficiency for making a certain procedural decision or committing a procedural action in criminal proceedings.