Improving the Tactics of the Prosecution and Defense during Temporary Access to Things and Documents

Abstract

The article contains the main recommendations for improving the activities of the prosecution and the defense in criminal proceedings during the security measure – temporary access to things and documents. During the investigation, the prosecutor, investigator, in almost every proceeding there is a need to seize any media evidence of the crime. In turn, defenders are also increasingly using their powers to provide temporary access to things and documents. The practice of applying this measure to ensure criminal proceedings shows a large number of mistakes made by the parties to the criminal proceedings, as a result of which this measure is not carried out, the court refuses to make a decision and, accordingly, the goal is not achieved. The purpose of the article is to improve the quality of temporary access to things and documents by the parties to criminal proceedings, to obtain a positive practice of court decisions on its conduct and to obtain results to ensure the tasks of criminal proceedings. Methodology. To achieve this goal, the formal-logical method, system-structural, comparative-legal and statistical methods are used. Scientific novelty. A comparison of procedural and tactical capabilities of different parties in the field of criminal proceedings – prosecution and defense. The characteristic mistakes made by them in carrying out their activities during temporary access to things and documents are highlighted. In view of this, proposals have been made to improve both the general tactics inherent in both sides of the process and specific tactical and procedural actions and techniques specific to each individual. Conclusions. A number of recommendations have been received for prosecutors, investigators and lawyers whose purpose is to improve the quality of activities of the parties to criminal proceedings during temporary access to things and documents