Proof of corruption offenses

Abstract

The scientific article focuses on the key aspects of the problem related to identifying and proving the facts of corrupt activity and turning such activity into an investigation. The investigation itself is connected with the collection and assessment of evidence, their correct fixation. Particular attention is paid to ensuring that all collected evidence is included in the criminal proceedings and evaluated correctly by the court. In this case, the evidence must be proper, admissible, reliable and sufficient. Methods of evidence collection, features of their assessment, and attachment to the proceedings are analyzed. The evidence must relate to the circumstances of the criminal proceedings and include: witness statements, written documents, material evidence, expert opinions and electronic evidence. The collection of evidence in such a category of cases as corruption requires detailed attention, since corruption offenses are secret schemes and agreements, the involvement of an intellectual component and the difficulty of detecting such actions. During the investigation of corruption offenses, indirect evidence is most often used, such as financial and accounting documents, electronic documentation between participants, to certify agreements, testimony of third parties. Special attention is paid to the normative and legal framework, which regulates the process of proof in corruption cases, as well as practical aspects of the work of law enforcement agencies. The article also highlights procedural violations of legislation in corruption offenses: presumption of innocence; conducting searches; dissemination of information obtained during the conduct of secret investigative (research) actions; excessive publicity; disclosure of information about persons who carry out confidential cooperation. A relevant aspect is a certain distinction between evidence that was obtained in a legal and illegal way: «clean» (the guilt of the accused was established on the basis of proper and admissible evidence and proved beyond a reasonable doubt) and «dirty» (inadmissible evidence was used, provocation was used, the rights of the participants were violated proceedings). In the process of formation and verification of evidence, the goal is to create specific means (evidence), then in the process of proving the circumstances of the crime, these means should be applied by way of argumentation, substantiating certain theses (conclusions, procedural decisions).