Paratus evidences in the criminal proceedings

Abstract

The article summarizes the results of the author’s scientific research on the collection of evidence as one of the stages of criminal procedural proof. The author’s position is substantiated, suggesting partial disagreement with the well-known doctrinal postulate on the possibility of collecting evidence only through their formation, that is, through the production of investigative or other procedural actions provided for by the criminal procedure law. Attention is drawn to the impossibility of using mechanisms for generating evidence in relation to affixed, claimed or seized items and documents to be introduced into the criminal process as ready-made information products: material evidence, other documents, expert opinions, as well as the results of operational -search and administrative activities. It is proposed to call such evidence paratus and recognize them as full-fledged, having due legal force and suitable for use as intended means of proof by attaching them to the materials of criminal proceedings. At the same time, it is proposed to supplement the classification of criminal procedural evidence, providing for another reason that implies differentiation depending on the method of collection - to subdivide the evidence into formed and paratus.