Procedural Significance of the Audio Recording of the Court Record

Abstract

The article analyzes the problem of the possibility of using audio recordings of the minutes of the court session in the process of proving criminal cases. The author tries to define the definitions of the minutes of the court session in criminal proceedings. Based on the conducted research, the author concludes that in relation to criminal proceedings, the minutes of the court session drawn up at all judicial stages and in all proceedings cannot have different meanings and should definitely be considered as evidence. The use of the audio recording of the court session is aimed at ensuring a valid reflection of what is taking place in the court session, which should be reflected accordingly in its protocol. However, as practice shows, the minutes of the court session do not always reflect the content of the audio recording, which initially calls into question the correctness and quality of the minutes of the court session, reflecting the course of the trial in it. The legislator does not require full reflection of the audio recording in the minutes of the court session, which allows the court, when challenging the inconsistency of the minutes of the court session with its audio recording and the need to make changes and additions to it in this regard, to refuse to satisfy the petition in this regard. that the full compliance of the minutes of the court session with its audio recording is not required. The opinion is substantiated on the need for the content of the minutes of the court session to correspond to its audio recording as the basis for its recognition as admissible evidence.