Criminal Procedural and Criminalistic Characteristics of the Circumstances to be Proved and Established (Detected)

Abstract

The article describes the main features of the two divergent processes: proof (part 1 of Article 73 of the Criminal Procedure Code of the Russian Federation) and establishment (identification) (part 2 of Article 73 of the Criminal Procedure Code. They are considered both in terms of the criminal procedure law, and their forensic significance in detection and investigation of crimes. An attempt is made to differentiate them depending on the information availability and importance for the criminal case. The essential difference between these two processes is emphasized. The authors pay special attention to the concept of the subject of proof as the core of part 1 of Article 73. Article 74 of the Code which provide for the establishment of so-called other circumstances significant for investigation of crimes is also considered. The additional circumstances (Article 421 of the Criminal Procedure Code) to be established in criminal cases of minors are covered, as well as the circumstances to be proved in order to use compulsory medical measures (part 2 of Article 434 of the Criminal Procedure Code). The article presents a real example of proof in a criminal case in phases. It is concluded that the number of these phases depends on the method of proving a particular circumstance; due to this, the theoretical provisions are confirmed.