Classification of evidence in criminal proceedings in Russia: theories and applications

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Introduction: the article examines the classification of physical evidence, analyzes its relevance to law enforcement practice. Thus, the authors of the article determined that, as shown by investigative and judicial practice, material evidence is found in almost every criminal case. However, the improper obtain and handling of this type of evidence can often lead to a situation where the material evidence will be declared inadmissible in a criminal case or irretrievably lost. This led to the relevance of the study, the results of which are given in this article. Materials and Methods: the basis for the article was the current legal acts, analysis of the opinions of procedural academicians on the subject, criminal cases. In the process of the study, general academic and academic methods of cognition were used, among which dialectical, as well as methods of analysis and synthesis, comparative legal and formal-logical methods can be distinguished. Results: as a result of the study, the authors concluded that the qualification of evidence is important not only in terms of the usage of physical evidence in criminal evidence, but also in terms of the verification and evaluation of evidence, and its procedural form ensures the necessary level of truth of the information contained in them. It is determined that electronic media have also become a form of evidence in criminal cases in law enforcement practice. Discussion and Conclusion: as a result of the study, the authors proposed recommendations on the application of the existing classifications of physical evidence by the enforcer, and also developed proposals on optimizing the types of physical evidence, taking into account the need for forensic practice, in the form of a supplement to part one of Article 81 with a new subparagraph 2.2, which establishes electronic media as physical evidence.

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Physical evidence, classification of evidence, proof, electronic media

Короткий адрес: https://sciup.org/142225409

IDR: 142225409   |   DOI: 10.37973/KUI.2020.41.3.020

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