- Journal Issues
- № 3 2015 Evidence and proving in criminal procedure (part 1)
- Problems of criminal procedure
- Verification of information in the proceedings for revision of judgments
Verification of information in the proceedings for revision of judgments
Review
Working forensic meaningful information in criminal proceedings requires participant’s ownership and effective operational methods of cognition. Traditional, commonly used methods are not always sufficiently reflecting the possibility of processing information with regard to its new types and sources. A key role in this belongs to the institutional jurisdiction of the criminal proceedings.
The article analyse and characterize the verification information in the proceedings of the review of judicial decisions take account of procedural and criminological component determination process and its implementation with the possibilities of the use of its results. Therefore, from the beginning we disclose the components of the process of verification of information in the proceedings of judicial review: object of verification; the subject of verification (perception of the subject-and the subject-transfer); verification mechanism; conclusions.
In order to improve the effectiveness and efficiency of the verification of information in the proceedings of the review of judicial decisions impose components of this process also on the method of verification, which is in its own essence stages: verification of the information before the start of legal proceedings; verification of information during the proceedings; verification information after conducting proceedings.
Objects of verification in the proceedings of the review of judicial decisions are information and communication side of the criminal proceedings during the proceedings of judicial review in the form of communications to special criminal procedural consequences. The subject of verification information in the proceedings of the review of judicial decisions, in turn, are the patterns of processing forensic meaningful information which in most cases is presented in the form of evidence. Patterns of study include identifying, collecting, fixing, investigation, evaluation, formation and use of forensic conclusions and meaningful information in the proceedings of judicial review.
In order to obtain operational results of verification in the proceedings of judicial review should take into account the special mechanism of verification through the use of various techniques. Verification mechanism - system verification action information, including the use of specific methods of verification information provided to units and transmission of subject-perception in the form of verbal, non-verbal information. Depending on the techniques that will apply to units-perception will depend dynamic verification (legal proceedings that have not previously held and conducting repeated or additional proceedings) or static verification (analysis of the evidence and their synthesis, etc.).
In the proceedings from judicial review a subject of verification (the subject-perception) acts: on the one hand, the court of appeal, the court of cassation, the Supreme Court of Ukraine, the court of the court, who first made a mistake due to ignorance of the existence of new circumstances; on the other, all other participants in criminal proceedings.
Subject of verification information (the subject-transfer) are parties to the criminal proceedings: by the prosecution; the defense, and other participants of the proceedings of judicial review (mortgagor, expert, secretary of the court session, the court administrator, etc.).
The verification findings in the proceedings of judicial review would indicate the reliability or unreliability (truth / not truth) information criminal events that took place.
Thus, verification of information in the proceedings of judicial review is a complex and stepwise process is to verify the compliance of the data events that took place. It is the use of forensic method for processing information in the proceedings of the judicial review will provide timely verification of the information available and the election will affect the future direction of true criminal proceedings.
Keywords: verification, information, proceedings of judicial review, object verification, verification of the subject, the mechanism of verification.