- Journal Issues
- № 3 2015 Evidence and proving in criminal procedure (part 1)
- Tribune of young scientist
- Circumstances, which should be proved in criminal proceedings about robberies
Circumstances, which should be proved in criminal proceedings about robberies
Review
On the basis of scientific sources of criminal law, criminal procedure, criminalistiks and other sciences, criminal and criminal procedural law, materials of investigative, judicial and prosecutorial practices in the article the problematic aspects of determining the circumstances, which should be proved in criminal proceedings about robberies are considered. The aspects of setting individual circumstances that are the subject of proof in criminal proceedings of these crimes were identified. Recommendations for improving management efficiency procedural proceedings in the investigation of these types of crimes were proposed.
Despite the fact that the establishment of the above circumstances is mandatory in all criminal proceedings, investigative and judicial practice of investigation of robberies and armed assaults suggests that investigators, prosecutors often ignore these requirements, exhibit inattention, lack of interest, their activities should while formal. Judges, in turn, do not pay enough attention to the violation, which allowed for pre-trial investigation of this category of proceedings.
These deficiencies lead to low efficiency of pre-trial investigation and consequently entail investigative and judicial errors not to bring to justice and punish innocent people. First, it reduces the quality of investigation of robberies and armed assaults, and reduced the authority of the police investigators, prosecutors – judicial leaders and those who supervise compliance with the law when investigating crimes of this category in the eyes of the population.
Keywords: criminal proceedings, pre-trial investigation, robbery, the subject of evidence, the circumstances which should be proved, procedural guidance.