Errors of derived proofs and evaluation of their evidentiary value
Автор: Musaelyan Mikhail Georgievich
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 12, 2020 года.
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The emergence of derivative evidence is d to the mechanism of reflection of the legal fact used in the proof process and in the elements mediated in relation to it. Complex mechanism reflection of the original evidence in copies derived from it, raise the question of the need to develop a mechanism for scientific determination of the degree of loss of a copy of its exact evidentiary value. The study of this problem is aimed at achieving maximum objectivity in assessing the derivative evidence, taking into account the errors of its compliance with the original evidence. The possible loss of the original evidentiary value of the estimated legal fact by the derivative evidence is usually caused by objective and subjective circumstances, the study and minimization of which will make the establishment of the circumstances of the case, where derivative evidence is used, more objective. The paper presents the author’s proposals for organizing the process of proving in order to preserve the coincidence of the features of the initial and derivative evidence: fixing the process of forming derivative evidence in procedural documents; involvement of forensic specialists in the assessment of the obtained copies of evidence; production of forensic examinations. It is summarized that the introduction of proposals into practice will allow avoiding the loss of the evidence base due to the discrepancy between derived evidence and the original source of information.
Criminalistics, evidence, proof process, criminal process, derivative evidence
Короткий адрес: https://sciup.org/149132562
IDR: 149132562 | DOI: 10.24158/pep.2020.12.21