Evidence In Criminal Proceedings Research Articles

The Testimony of Suspect and Accused Individuals as Evidence in Criminal Proceedings

Recently, the issue of providing evidence in criminal proceedings has gained significant relevance. The outcome of a criminal case heavily relies on the accuracy and clarity with which evidence is presented. This article examines a specific type of evidence: the testimony of a suspect or accused, highlighting its unique features. Notably, the legal definition of the subject of such testimony is not explicitly outlined in the law. Furthermore, it is important to recognize that the legislative regulation of testimony differs from the procedural status of the individual being interrogated. Interestingly, the legislator assigns less legal weight to the confession of the accused compared to other forms of evidence. Three levels of the subject of proof in criminal cases were identified. In conclusion, it is emphasized that a clear distinction must be made between the content of testimony subject to proof in a criminal case and the information required to substantiate only the procedural circumstances of the case.

The Court of Justice in Staatsanwaltschaft Berlin v. M.N. (EncroChat): From cross-border, data-driven police investigations to evidence admissibility

The ruling of the Grand Chamber of the Court of Justice of the EU (CJEU) in Case C-670/22 Staatsanwaltschaft Berlin v. M.N. addresses the realities of data-driven police investigations in the light of the Directive 2014/41/EU on the European Investigation Order (EIO Directive). In particular, it examines the cross-border, digital investigation of the encrypted communication network EncroChat and the use and sharing of intercepted telecommunication data in criminal proceedings. In doing so, the CJEU offers clarifications as to the interpretation of the term ‘issuing authority’ under the EIO Directive and the proportionality requirements for issuing an EIO, taking into account its prior jurisprudence on the implications of access to traffic and location data for the private life of the persons concerned. More importantly, this CJEU ruling takes a stand on admissibility of intercepted data as evidence in criminal proceedings, considering the technical complexity of contemporary investigation measures and the secrecy of said police methods. Overall, although this judgment seems to hold no great surprises regarding the interpretation of the EIO Directive's provisions, it underscores the important role of the national legislator and national courts in striking the right balance between rearing the rewards of data-driven policing and safeguarding defence rights.

Activities for detection, disclosure and investigation of criminal offenses

The purpose of the article is a scientific analysis of the activity of detection, disclosure and investigation of criminal offenses. Such activity is a specific type of professional socially useful activity carried out by subjects (investigator, inquirer, operational unit employee, detective, etc.) with the aim of establishing the truth, based on procedural evidence in criminal proceedings. It has been proven that the construction of a coherent, logically consistent, comprehensive system of scientific knowledge, which characterizes the activity of detection, disclosure and investigation of criminal offenses, is still ongoing in criminology. It is concluded that the successful detection of criminal offenses can be carried out only when the subject of activity adheres to the principles of ensuring the necessary effectiveness. For the successful implementation of such principles, not only forensic knowledge is needed, but also the creation of a certain integrated system of detection of criminal offenses. The structure of detection of criminal offenses is proposed, which can become the theoretical basis of such a system. The author came to the conclusion that in criminology, a criminal offense is considered to be solved on the condition that the factual circumstances essential for the resolution of the proceedings, as well as the person who committed this offense, are established. The detection of a crime is not something separate from the investigation or something that complements it, but should be considered as its informational, cognitive, technological aspect, which distinguishes a complex of forensic operations, methods, techniques and means for a consistent, step-by- step solution to the strategic and tactical tasks of the pre-trial investigation of criminal offenses It is shown that the structure of activities for the investigation of criminal offenses includes the following main elements: the subject of activity (makes all decisions on carrying out certain procedural actions); functions of the subject of activity (search and cognitive functions are recognized as the main ones); the purpose of the activity (establishing the truth in criminal proceedings and creating appropriate conditions for the correct application of the law); procedural tasks, which are solved in the form of tactics (detection of the crime, exposure of the guilty, provision of compensation for the damage caused by the offense, etc.); general object of activity (cognition by the subject of activity of an event with signs of a criminal offense); subject of activity (forensically significant information). The mechanism of direct implementation of the activity of detecting disclosure and investigation of criminal offenses is analyzed. Its exploratory and cognitive, problem-solving, situational and sometimes urgent character was established. It has been proven that from the point of view of criminology, establishing the truth during the detection, disclosure and investigation of a criminal offense means mentally recreating (according to the collected factual data) the investigated event in its essential legally significant features, with the subsequent reflection of its mental model-image in the relevant procedural documents . It was concluded that effective, i.e., fast, rational, high-quality and productive activities for the detection, disclosure and investigation of criminal offenses are impossible without proper organizational support, which means the creation of the necessary conditions (prerequisites) for the subject to optimally achieve the goal of this activity.

A New Right to Procedural Accuracy: A Governance Model for Digital Evidence in Criminal Proceedings

This paper motivates and studies the feasibility of a new digital right to procedural accuracy (RPA) for digital evidence processing in criminal investigations. The need to guarantee a new principle of procedural accuracy under Art. 6 of the European Convention on Human Rights (ECHR) is based on the concern that digital forensic science and AI technology have a significant impact on individuals’ rights in criminal proceedings, which are neither coherently nor comprehensively addressed. The personal and material scope of RPA are examined and include: (i) protection against unreliable digital evidence processing; (ii) right to access the chain of evidence, explanation, and forensic assistance; and (iii) the right to participate in the determinative stages of the digital evidence processing. Limitations of the RPA are also discussed.

Legal principles of evidence in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues

Legal principles of evidence in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues

Regarding the question of usage of open-source evidence in criminal proceedings

The article is devoted to the study of the issue of using open-source evidence in criminal proceedings. Attention is drawn to the lack of a universally recognized definition of the term “open-source information”, a list of fundamental features of this type of information is provided, among which are: 1) accessibility of the information to the general public; 2) the author of the information may not be determined; 3) access to information can be provided both on a paid and free basis. The lack of an adequate volume of legislation aimed at regulating the procedure for usage of open-source evidence is emphasized. A study of the Berkeley Protocol, which was created jointly by the University of California, Berkeley School of Law and representatives of the United Nations, was carried out. In particular, the following is outlined: a list of the principles enshrined in the Berkeley Protocol, divided into professional, methodological and ethical, their content; the investigation process put forward in the Berkeley Protocol, that consists of the following stages: 1) online inquiries; 2) preliminary assessment; 3) collection of information; 4) preservation of information; 5) verification of information; 6) investigative analysis. Problems that may arise in the process of using open-source evidence are emphasized. The requirements of propriety, admissibility and reliability of open-source evidence are studied. The state of legal regulation of the issue of the usage of open-source evidence in national legislation is considered. The specific features of electronic (digital) evidence are singled out, which distinguish them from other types of evidence and determine the need to separate them in the criminal procedural legislation as a different type of evidence. The practice of national and international judicial institutions related to the use of open-source evidence is considered. The special role of this type of evidence for establishing the corpus delicti or circumstances of crimes against the foundations of national security, especially since the beginning of full-scale Russian aggression against Ukraine, is emphasized.

The relationship of advocate investigation and evidence in criminal proceedings

The article examines the institution of a lawyer’s investigation in criminal proceedings, as well as the activity of a defense attorney in collecting evidence within the framework of criminal proceedings, which should be regulated as fully and qualitatively as possible (as far as possible) in order to implement such principles of criminal proceedings as the presumption of innocence, ensuring the suspect’s right for the defense, competition of the parties, and these principles should apply not only at the stage of the trial, but also at the stage of the pre-trial investigation. Attention is drawn to the fact that currently, in practice, in the absence of legislative regulation of the procedure for the inclusion of information collected by the defense counsel in the materials of criminal proceedings, the defense counsel has to make a reasoned request to officials who are conducting criminal proceedings. It is noted that evidentiary information collected by the defense attorney on his own without involving the materials of the criminal proceedings cannot be used in the process of proving and substantiating the position of the defense in the criminal proceedings, i.e. become evidence in the full sense of the word. In this regard, it is proposed to make changes to the Criminal Procedure Code of Ukraine regarding the procedure for the inclusion of information collected by the defense attorney in the materials of criminal proceedings, including the procedure for providing it by the defense attorney and the procedure for receiving it from the defense attorney by the inquirer, investigator, prosecutor, and court, specifying that no the right, and the duty of persons conducting pre-trial investigation in criminal proceedings to attach evidentiary information to the materials of criminal proceedings. It is pointed out the need for regulatory regulation of the specified legal relations in view of the importance of the development of the institution of evidence collection by the subjects of criminal proceedings, including the defense attorney; since his activity in this field is necessary for the practical implementation of the principle of adversarial criminal proceedings, equality of the parties, as well as for objective pre-trial investigation and trial of each specific criminal proceeding.

Problematic Issues of Using Electronic Evidence in Criminal Proceedings (SDG's)

Objective: The object of this scientific publication is the use of electronic evidence in criminal proceedings, focusing on the main problematic issues, legislative gaps, and the need for improvements in law enforcement practices. Method: The method of study involves a detailed analysis of the current criminal procedure legislation, identification of the general and special features of electronic evidence, and examination of practical issues related to the collection, assessment, and admissibility of electronic evidence in criminal proceedings. The authors use legal analysis and case studies to propose amendments to the legislation and suggest practical improvements. Results: In this scientific publication, the authors highlight the main problematic issues of using electronic evidence in criminal proceedings, propose amendments to the current criminal procedure legislation, and also make proposals for improving law enforcement practice. It is argued that electronic evidence is an independent procedural source of evidence which has both general and special features and nowadays plays an important role in establishing the truth in criminal proceedings. It is concluded that the use of electronic evidence in criminal proceedings currently has no regulatory basis, which causes numerous difficulties and gaps which, among other things, lead to abuse of procedural powers. Contribution: It is established that in the process of collecting electronic evidence, there are many abuses of procedural powers, which are expressed in the excessive seizure of their carriers, as well as unlawful interference with privacy. The article also reveals the difficulties in assessing electronic evidence as relevant, admissible and reliable evidence. In particular, the use of different copies of electronic documents, compliance by judges with the principle of direct examination of evidence, and the admissibility of electronic evidence obtained from open sources are controversial. Based on the results of the study, the authors propose to amend the Code of Criminal Procedure of Ukraine by supplementing Chapter 4 ‘Evidence and Proof’ with paragraph 5 ‘Electronic Evidence’, which should define their concept, procedural procedure for their seizure, storage, return, and peculiarities of evaluation. The authors also emphasises the expediency of upgrading the qualifications of authorised persons by conducting thematic training on the proper use of electronic evidence and preventing abuse of procedural powers in this process.

The situation of "double protection" and its impact on evidence in criminal proceedings: appearance analysis and recommendations to lawyers

Relevance. A lawyer, not being a subject of proof in criminal proceedings, nevertheless, is an active participant in the proof process, which he carries out throughout his activities to protect his client from suspicion or formed and put forward an accusatory thesis. At the same time, the current situation of "double protection" significantly hinders the participation of a lawyer in proving innocence or lesser guilt in comparison with the accusatory thesis put forward, and at the same time establishes an obstacle to the implementation of the provisions enshrined in Article 48 of the Constitution of the Russian Federation, which enshrines the right of everyone to receive qualified legal assistance. The situation of "double protection" is one of the most negative factors in advocacy. In order to avoid the occurrence of a "double protection" situation, the author proposes an algorithm of actions when entering the process as a defender.Objective: to develop an algorithm for entering the process in order to avoid a situation of "double protection".The purpose of the study is to continue the research of advocacy in criminal proceedings, refuting the arguments of the prosecution and proving the innocence or lesser guilt of the defendant.Methodology. The methodological basis of the research was the universal dialectical method of cognition of socio-legal phenomena, general scientific research methods (analysis and synthesis, deduction and induction, system-structural and others). In addition, private scientific methods of cognition were used logical-formal and system analysis.The results of the study are both theoretical and applied in nature, and have elements of scientific novelty. The author considers the issues of the lawyer's entry into the criminal process by appointment, proposes an algorithm for the lawyer's actions in order to avoid possible violations and the emergence of a situation of "double protection".Conclusions. The discussion of the identified problems will allow us to develop solutions to eliminate the identified gaps in the implementation of protection in criminal proceedings, protect lawyers from possible violations of internal corporate regulations.

Mutual Admissibility of Evidence and Electronic Evidence in Criminal Proceedings as per Bhartiya Sakshya Adhiniyam, 2023

Mutual Admissibility of Evidence and Electronic Evidence in Criminal Proceedings as per Bhartiya Sakshya Adhiniyam, 2023

К проблеме допустимости доказательств

This article addresses the issue of the admissibility of evidence in criminal proceedings, specifically focusing on the use of results from operational investigative activities, expert conclusions, and testimonies. Until now, the issues of their legalization and recognition as admissible evidence remain controversial. The relevance of this study is underscored by the need in legal theory and practice to recognize the distinct role of non-procedural information in criminal proceedings, which holds significance for the case, and to develop approaches to its legal interpretation and application, considering the sources and methods of its acquisition. The aim of this publication is to justify the necessity of fully reflecting the results of operational investigative activities and expert studies in the materials of pre-trial investigation and criminal cases for subsequent judicial review. To achieve this goal, a number of tasks are solved, including: analysis of approaches to understanding the stated problem that have emerged in the scientific legal literature, determination of legal ways to solve it within the framework of current legislation. An overview of the procedural process of judicialization is provided, with emphasis on the possibilities of interrogating personnel conducting operational support and specialists performing individual studies, the results of which are then subject to verification and evaluation in accordance with the requirements of relevance and admissibility of evidence. In conclusion, the integration of operational investigative results and expert analyses as admissible evidence in criminal proceedings requires balanced approaches that uphold procedural integrity while accommodating the complexities of modern investigative techniques. By advancing these discussions, policymakers and legal practitioners can foster a more robust framework for evidence evaluation and judicial decision-making.

Speed and contextual information of a crime-related video bias the responsibility judgments

Courts often rely on video evidence, assuming it accurately shows important legal details. Yet, studies suggest that video isn’t inherently “objective” and people, including legal professionals, might misinterpret its objectivity due to video quality or context. This study aimed to explore how video speed variations and contextual information affect judgments of responsibility in a video portraying a bus assault. The study employed a 5 × 3 mixed design, with video speed (Very Slow, 0.88x; Slow, 0.96x; Neutral, 1.00x; Fast, 1.04x; Very Fast, 1.12x) as a between-subject variable, contextual information (Hit, Harm, Kill) attributed to the perpetrator’s action as a within-subject factor, and dimensions of accountability, predictability, criminal intent, and severity as dependent variables. ANOVA results from a sample of 300 participants (60 per video speed condition) revealed that the highest levels of accountability, criminal intent, and predictability were attributed when the contextual information was “hit” as compared to the “harm” and “kill” actions. Furthermore, the greatest difference in accountability and criminal intent scores for the kill action was between the very fast and very slow conditions. These findings raise significant concerns about the use of video evidence in criminal proceedings, as video speed manipulation and contextual information can have a substantial impact on responsibility judgments.

Criteria for the admissibility of digital (electronic) evidence in criminal proceedings

Criteria for the admissibility of digital (electronic) evidence in criminal proceedings

Legality and admissibility of evidence in criminal proceedings

Legality and admissibility of evidence in criminal proceedings

Procedural Aspects of Cryptocurrency Arrest in National Legal Systems: A Comparative Analysis

The article presents an analysis of the procedures for arresting cryptocurrencies in various national legal systems, emphasizing the relevance of this topic in light of the rapid development of the digital economy and the increase in crimes related to cryptocurrencies. It draws attention to the absence of a unified international approach to regulating and controlling cryptocurrency assets, which creates challenges for law enforcement agencies in combating crime and money laundering. By analyzing the legislation of different countries, various approaches to defining the status of cryptocurrencies, mechanisms of their arrest, and their use as evidence in criminal proceedings have been identified. Special attention is given to the comparative analysis of the procedural aspects of cryptocurrency arrest, which allows for the identification of best practices and the development of recommendations for improving criminal procedural legislation. Solutions to the practical problems of jurisdiction and technical aspects of executing arrest decisions are proposed, emphasizing the importance of international cooperation in this field.

Exploring the rule of admissibility in the criminal process: theoretical and practical analysis

Respecting the rule of admissibility of evidence is essential for a criminal process, certain rules regarding the admissibility of evidence being established in the jurisprudence of the ECtHR and incorporated into national legislation. Generally, the principle of admissibility of evidence means that in principle any evidence is admissible, except in cases where legal limitations and limitations imposed by general principles intervene. This article analyzes the rules of admissibility of evidence in criminal proceedings provided at the European and national levels, paying attention to the functions of admissibility in the criminal process, especially the guarantee function. At the same time, the article reflects the state of scientific discussion regarding the recognition of illegally obtained evidence as “inadmissible evidence”, as well as the authors’ opinions on this issue.

The importance of electronic evidence in criminal proceedings

The development of digital technologies contributes to the change of criminal procedural relations and the emergence of electronic evidence used in the proof process. The author’s position is formulated based on the results of the analysis of theoretical approaches in criminal procedure science to the definition of the concept of “electronic evidence”. Arguments are presented confirming the need to use electronic evidence in criminal proceedings in order to overcome the risks associated with the realization of the rights and legitimate interests of participants in a criminal case, the preservation of evidence in case of their referral to the place of investigation, destruction or modification in case of counteraction to the investigation. The article reveals the importance of electronic evidence in criminal proceedings. Based on the analysis of the norms of criminal procedure legislation and law enforcement practice, the factors that determine the increasing importance of electronic evidence in criminal proceedings are substantiated.

Current issues of properties of evidence in criminal proceedings

Current issues of properties of evidence in criminal proceedings

Specific features of obtaining and using electronic evidence in criminal proceedings

The relevance and importance of this research is due to the fact that scientific and technological progress and rapid development of information technology in all spheres of public life have significantly influenced the emergence of new types of criminal offences. Criminals are using computer systems and other portable devices to commit unlawful acts with increasing frequency. Today, many criminal offences are being committed with the help of information technology around the world, ranging from simple online fraud to the threat of a territorial act. Therefore, one of the ways to record (document) such illegal activities effectively is to obtain (collect) electronic evidence by law enforcement agencies in criminal proceedings. In this regard, the key role is played by evidence, which helps to form an evidence base that makes it possible to notify a person of suspicion, send an indictment to the court and make a final court decision on the guilt (innocence) of a person in committing a particular criminal offence. Achievement of this objective undoubtedly necessitates a specific legal procedure for seizure of electronic evidence in criminal proceedings, which is not yet clearly defined in terms of its collection, leading to numerous cases of courts declaring such evidence inadmissible.
 In the course of the scientific research, the author of the article analyses the views of scholars on the interpretation of the concept of electronic evidence; provides the legislative interpretation of this term (unlike the CPC of Ukraine, other procedural codes enshrine the concept of electronic evidence); studies the case law on the issue of electronic evidence being admissible/inadmissible; and identifies the main features of electronic evidence, etc.
 Given the fact that the Russian Federation commits war crimes on the territory of Ukraine on a daily basis, the author states the need to collect and record evidence of such crimes from open sources, which will further ensure the prosecution of the perpetrators.
 In the course of studying the specific features of obtaining and using electronic evidence in criminal proceedings, the author applied general scientific and special scientific methods, in particular, dialectical, formal and logical, and comparative legal methods. The interrelated use of these methods allowed for a comprehensive study, where each of these methods was used at a certain stage of the examination of the specific features of obtaining and using electronic evidence in criminal proceedings.

FEATURES AND EMPHASIS OF TEACHING FORENSIC MEDICINE FOR STUDENTS OF THE PEP "PAEDIATRICS"

This article addresses current issues in teaching the academic discipline "Forensic Medicine and Medical Law" to students of the professional educational program (PEP) "Pediatrics." With a focus on violence against children, the authors emphasize the necessity of educating pediatric students on forensic principles and practical skills. The article highlights the harmonization with international standards, the importance of awareness among students, and the critical role forensic medicine plays in pediatric training. Forensic medicine, as a discipline encompassing diverse medical fields, plays a crucial role in pediatrics. This article explores the integration of forensic principles into the PEP "Pediatrics," emphasizing the increasing societal issue of violence against children. The importance of training pediatric students to recognize and respond to such incidents while maintaining a solid evidence base is paramount.
 The authors emphasize that teaching forensic medicine to pediatric students should prioritize the following directions:
 
 Expert Involvement in Forensic Medical Examinations: Focuses on the significance of forensic medical examinations related to medical errors and offenses. Article 69 of the Criminal Procedure Code allows pediatricians to act as experts, emphasizing equivalence in rights and responsibilities with forensic medical experts.
 Physician Participation in Urgent Investigative Actions: Emphasizes the importance of practical skills, such as examining a corpse at the scene. Article 238 of the Criminal Procedure Code permits pediatricians to participate in urgent investigative actions. This includes instructing students on organizational and legal aspects, as well as theoretical and practical principles of examining a corpse at the scene.
 Accurate Documentation of Physical Injuries: Stresses the essential skill of accurately describing physical injuries on a child's body. Acknowledges the role of pediatricians in initial injury documentation, considering the potential involvement in criminal investigations.
 Accuracy and Completeness of Medical Documentation: Underscores the critical nature of accurate and complete medical documentation, serving as evidence in criminal proceedings. The article discusses potential legal consequences for physicians due to improper maintenance.
 Recording Sexual Offenses Against Children: Introduces an elective course focusing on preventing sexual offenses against children and domestic violence. Aims to form theoretical and practical competencies in students, adhering to the "Istanbul Protocol" and emphasizing the role of pediatricians in recognizing and responding to sexual violence against children.
 
 Therefore, educating pediatric students on how to act in such cases, how to work with patients without compromising the evidence base, and simultaneously providing timely medical assistance becomes paramount. This ensures the preparation of a highly qualified specialist in pediatrics whose competencies align with their professional qualification characteristics.
 Conclusion.
 
 Harmonizing domestic legislation with EU norms and standards as part of Ukraine's integration into the EU creates priority directions in teaching the discipline "Forensic Medicine and Medical Law."
 Insufficient awareness among pediatric students and a casual attitude towards the consequences of unprofessional actions or inaction in future professional activities contribute to a lack of motivation for studying "Forensic Medicine and Medical Law."
 Teaching forensic medicine is a crucial part of pediatric training. By providing students with the knowledge and skills necessary to recognize and respond to cases of violence against children, we can help protect children and ensure they receive the necessary assistance.