Problematic issues of the use of individual evidence in criminal cases in the court of first instance

The most common difficulties in using evidence in judicial practice are the following questions: is it always necessary to exclude the protocol of confession as evidence when violating the requirements of Part 1.1 of Article 144 of the Code of Criminal Procedure in accordance with the requirements of Part 1.2 of the Code of Criminal Procedure; is the protocol of confrontation a kind of this type of evidence as testimony or is it a protocol of investigative actions; how to act in cases of petitions by the defense party for the presentation of a expert opinion in the courts of the first and appellate instances, how to attach (not attach) them to the case materials, interrogate or not interrogate an expert; whether operational search information can be used when deciding on the election or extension of a preventive measure. Based on the study of judicial practice, conclusions are drawn that the protocol of surrender obtained in the absence of guarantees provided for in Part 1.1 of Article 144 of the Code of Criminal Procedure of the Russian Federation should be excluded only when the information obtained during the surrender is disputed by the defense. Obtaining consent to the disclosure of the protocol of the confrontation depends on the judicial and investigative situation, and if consent is obtained to the disclosure of the testimony of these persons obtained during the interrogation, then the protocol of the confrontation is subject to disclosure. The expert's opinion submitted by the defense party must be accepted and evaluated by the court, including through the interrogation of the expert who gave the conclusion. When choosing a preventive measure, information obtained by operational search is important, since in the absence of time, evidence has not yet been formed.