Concept and classification of court evidencerequires a preliminary consideration of the question of what is the criminal process in the Russian Federation and what function it performs. The opinions of authors-lawyers on this account are ambiguous and versatile.
In the most general concept, the criminal process is called uponsolve the problem of assigning a fair punishment for those who committed the crime, and the rehabilitation of innocent citizens. The method of their decision is the procedural form (or set of actions and procedures provided for by the Code of Criminal Procedure of the Russian Federation).
In a more narrow sense, the criminal process is the active actions of the bodies of inquiry, investigators, the prosecutor's office and the court, which provide for the initiation, investigation and resolution of criminal cases.
The classification of evidence in criminal proceedings is essential. But initially it is necessary to define the concept itself and its role in legal proceedings.
Part 1 of Article 6 of the Code of Criminal Procedure stipulates thatthe purpose of criminal proceedings is primarily to protect the interests and legal rights of organizations and citizens who were harmed as a result of the crime. Secondly, it protects individuals from unlawful and groundless accusations, as well as the imposition of punishment by the court and the restriction of rights and freedoms.
Implementation of this appointment within the framework ofinvestigator, prosecutors and courts. One of the main components of this activity is the process of proof. It is important that any phenomenon, action or fact leaves behind itself traces in the real material world or mental images in the mind of a person. The concept of evidence in the criminal process takes these facts as a basis. Traces will be a reflection of the criminal offense committed, on their basis the bodies of inquiry and investigation restore the picture of what happened, establish the circumstances, the person who committed the crime, its motives. Thus, the evidence in the criminal process is any genuine, real data that has been received and certified in the form prescribed by law, by which the question of the presence of a crime, the innocence or guilt of a person, and other circumstances relevant to the criminal case under investigation .
The concept of evidence in the criminal process is closelyis related to their properties. One of the main is relativity, that is, the ability to assert or refute any factual circumstances that are important for the criminal case under investigation. The second property is the admissibility. It is the ability of the information received to be used in the trial as evidence. It must be obtained as a result of the activities of the persons authorized to do this: the investigator and the investigator, the court. Proof must be obtained from one of the sources that are prescribed in the law:
The method of collecting evidence must correspondthe procedure established by law. It is also necessary to fix them in the form envisaged by the Code of Criminal Procedure of the Russian Federation. For example, if it is the testimony of the participants in the proceedings (the victim, witness, accused, suspect), they should be formalized in the form of a protocol of interrogation.
Two other important properties are the reliability andadequacy. Under the first is understood the conformity of evidence to the circumstances of the event. It can be recognized by any official. But on behalf of the state to recognize the evidence only the court can be reliable. Sufficiency means a property that is the ability of these evidence to establish all, without exception, circumstances that are subject to proof. Based on the properties, nature and other factors, the classification of evidence in the criminal process is based.
The concept of inadmissibility of evidenceApplies if all of the above requirements are not met. The law clearly defines the list of information that is inadmissible to use in criminal proceedings. The following apply to them:
It implies a division, distributionin different classes. The same proof can be attributed to different groups. The reason for this is that the basis for the classification of evidence can be different: the source of receipt, the relevance to the subject of evidence, etc. In this connection, the following groups can be noted:
These are objects of the material world, separateQuality, the state of which has a direct connection with the event. The objects themselves are a means of proving, and evidence is their properties and attributes. For example, a shell from a certain type of firearm. Classification of physical evidence is carried out on the same principles as the general. The Code of Criminal Procedure of the Russian Federation, Article 81.1, provides a list of cases in which any material objects can acquire the status of physical evidence.
Their material basis is made up of subjectsobjective world, most often this tree, metal, paper, which retain the written signs on themselves. The most common and complete is the following classification of written evidence:
Classification of evidence in criminal proceedingsputs them in a group of personal. This information is received during the preliminary investigation, as a result of interrogation, executed in the manner prescribed by law and constitutes grounds for initiating a criminal case against the person being questioned and also for the application of detention or other preventive measures. Interrogation takes place not later than a day after the arrest and in strict accordance with the requirements of the criminal legislation of the Russian Federation. The testimony of the accused is different in that they receive information on the merits of the charges already brought against them.
The interrogation is similar, but there are some differences. The giving of evidence is for the victim both a duty and his legal right. Interrogation can also be carried out on his own initiative. But you need to evaluate the information received objectively, since it is an interested person. A witness can not testify against close relatives, himself, the spouse. This is the right of every citizen of the Russian Federation, enshrined in the Constitution. In other cases, he is responsible for false testimony or in general rejection of them.
Interrogation is carried out after it is receivedConclusion on the issue under study, for the purpose of clarification or detailed explanation. The testimony of a specialist is used when the circumstances of the case being investigated require the involvement of a person who has special knowledge in any field of professional activity.
Thus, it can be concluded that the classification and types of evidence in the criminal process are diverse and divided into different grounds and grounds.