Procedural aspects of presentation for identification in the course of judicial investigation

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The article analyzes the acute theoretical and practical issues facing the court in a situation requiring a presentation for identification at a court hearing. The specific conditions for the presentation for identification at the court hearing are considered. The Code of Criminal Procedure, allowing presentation for identification during a court hearing, does not take into account the organizational and technical features of the trial. The article expresses the opinion that it is impossible to create conditions ensuring the procedural purity of the presentation for identification at a court hearing. The argument is given about the impossibility of complying with all procedural safeguards ensuring the admissibility and authenticity of identifying a living person at a court hearing. Based on the analysis of theoretical views and established practice, a number of recommendations are proposed for holding a presentation for identification at a court hearing.

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Presentation for identification, court hearing, investigative action, judicial action

Короткий адрес: https://sciup.org/147231413

IDR: 147231413   |   DOI: 10.14529/law180402

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