Inclusion of evidence in a criminal case as a form of implementation of the state-governmental powers of the preliminary investigation and court bodies

Abstract

The article examines the essence of inclusion of evidence in a criminal case as one of quite common law enforcement practice of the bodies of preliminary investigation and court. Methodologically, starting from a differentiated approach to criminal procedural algorithms for accumulation of evidentiary material, the author associates the meaning of inclusion of evidence with the need for legalization of objects and documents received by a preliminary investigation body or a court as ready-made information productes. In this regard, the article concludes that it is impossible to understand the category of “inclusion of evidence in a criminal case” as a purely technical device, that is, there is a need for its interpretation as one of the forms of exercising discretionary powers of authorised participants in criminal proceedings predetermining the endowment of relevant objects with the legal force and the ability to be used to justify convictions or other law enforcement acts.