- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminal procedure
- General description of the procedural indications as sources of evidence in criminal proceedings
General description of the procedural indications as sources of evidence in criminal proceedings
Review
This paper examines the norms Code of Ukraine, which define the concept of testimony in criminal proceedings as evidence of procedural sources, types, ways to check and assess the features. Attention is paid to those innovations legislation requiring scientific understanding and interpretation. It is noted that the law does not distinguish between certain types of readings depending on the procedural status of the entity from which they are derived, because of the same legal nature of this source of evidence. Of particular note, the author gives hearsay evidence. Use as evidence in a criminal trial testimony hearsay exception to the general rule regarding personal perception of the facts by the person giving the testimony, because in this case the possible distortion of information received in any doubt as to its authenticity, the influence of the subjective factor, which reduces its credibility. It is noted that the methodological paradigm shift that occurs in connection with the adoption of the new Criminal Procedure Code of Ukraine, has shaped the legal regulation of the use in proving evidence.
Keywords: evidence; procedural sources of evidence; indications; hearsay evidence; assessment of evidence.