ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Storage of material evidences by the prosecution side

Pages: 56-62
Year: 2015
Location: Pravova Ednist Ltd

Review

The article is dedicated to the research of features of storage of material evidences by the prosecution side.

Storage of material evidences together with the criminal proceedings is considered as a general rule. Exceptions from this rule are the cases of storage of material evidences in a special room, special safe, regime-secret unit or relevant institutions. The transfer of material evidences for storage in the special room, special safe, regime-secret unit and relevant institutions (as an exception from the general rule of their storage together with the criminal proceedings) shall be allowed only under certain conditions, established by the existing legislation.

The conditions, necessary for the transfer of material evidences for storage in the special room, special safe, regime-secret unit and relevant institutions, investigated.

Thus, the necessary conditions for the transfer of material evidences for storage in the special room or special safe of the agency, which included investigating unit, are: 1) the attribution of material objects to the material evidences, which are not specified by parts 17 – 26 of Procedure for storage material evidences by the prosecution side; 2) the failure to store such material evidences together with the criminal proceedings because of their physical properties: size, quantity, weight, volume.

The necessary conditions for the transfer of material evidences for storage in the regime-secret unit of the agency, which included investigating unit, are: 1) material evidences referring to the number of material carriers of classified information; 2) they are attached to the pre-trial investigation materials.

The necessary conditions for the transfer of material evidences for storage by relevant institutions are: 1) the attribution of material objects to the material evidences, specified by parts 17 – 26 of Procedure for storage material evidences by the prosecution side; 2) the attribution of relevant institutions, which transmitted the material evidences, to the number of institutions, specified by parts 17 – 26 of Procedure for storage material evidences by the prosecution side.

Keywords: material evidences, storage of material evidences, prosecution side, criminal proceedings. 

Submission