Criminal Procedure Law Research Articles

Problematics of Realization of Adversarial Principle and the Principle of Equality of Arms at the Stage of the Investigation

Criminal Procedure Code of Georgia tries to share the Anglo-Saxon law system model, which is based on “pure” equality of arms and adversarial principle; this can be said according to the requirements of the 9th article of the Criminal Procedure Code of Georgia regarding that at the beginning of criminal prosecution, the criminal process is being executed based on equality of arms and adversariality of the parties. The party is entitled to apply for a petition according to the rule established by Procedural Legislation, obtain via court, request, submit, and examine all the relevant evidence. Theoretical study of equality of arms and adversariality model stipulated by Georgian criminal procedural law, regarding that at the criminal prosecution stage, equally as the prosecution (investigator, public prosecutor) – defense (the accused, lawyer) is also granted with opportunity, collect the beneficial evidence by conducting the investigative actions and for refusing the guilty (offense) the accused charged with. Work has analyzed the problematics of the principle of equality of arms and the adversarial principle stipulated by Georgian procedural legislation, their procedural regulations, and those negative sides that hinder their complete and fair realization in investigative practice. Attention is drawn to the necessity of legislative changes in the investigator’s authority, in particular, the investigator should not represent the prosecution (party of charge), but he/she should be an independent procedural subject, being obliged to obtain both – incriminating and exculpatory evidence of prosecution (party of charge) with the same diligence, that will encourage the fair realization of equality of arms and adversarial into criminal procedural proceedings.

Legal Analysis of the Authority of Military Judges in the Procedural Law of Examination of Connectivity in Corruption Cases

In order to uphold law enforcement, especially in the field of criminal law, the law distinguishes between civilians and the military. The problem that arises now is what if a criminal act is committed by the military together with civilians, which in its development is called a connectivity case. The corruption case that occurred in Indonesia involving the military and civilians that has been decided by the Connectivity Court is the Corruption Case of the Indonesian Army Compulsory Savings from 2013 to 2020 with the Defendant from the Military, namely Brigadier General TNI (Ret.) Yus Adi Kamrullah, S.E., M.Sc., and from the civilian party Ni Putu Purnamasari which caused the state a loss of Rp. 127,000,000,000,- (one hundred and twenty seven billion rupiah), and the corruption case of the 123 East Longitude Orbit Slot Satellite Procurement Project/Floater Satellite Procurement between the Indonesian Ministry of Defense in 2012 to 2021 involving the military and civilians with the Defendant Rear Admiral (Ret.) Agus Purwoto, and from the civilian side the Defendants Arifin Wiguna and Surya Cipta Witoelar which caused the state a loss of Rp.453,094,059,540.68 (four hundred fifty three billion ninety four million fifty nine thousand five hundred forty point sixty eight cents). The purpose of this study is to determine the implementation of handling corruption criminal cases through connectivity courts in Indonesia and the authority of military judges in connectivity courts and to determine the resolution of connectivity criminal cases in corruption crimes committed by civilians and military personnel in both cases in the Connection Court. The study uses a normative legal research method. The data used are secondary and primary data, then the data is processed and presented in the form of a literature study. The analysis used is deskriftif juridis and fersfektif analysis. The results of the study indicate that the process of handling connectivity cases in corruption cases of connectivity has been partially carried out in accordance with the applicable criminal procedure law (KUHAP) and the defendants are legally and convincingly guilty of committing corruption together in accordance with Article 2 Paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 in conjunction with Article 55 Paragraph (1) ke-1 of the Criminal Code.

THE IMPLEMENTATION OF THE DEATH PENALTY AGAINST NARCOTICS TRAFFICKERS FROM THE PERSPECTIVE OF CRIMINAL LAW IN INDONESIA AND THAILAND

Drug trafficking is a global threat that damages social order and public health, including in Indonesia and Thailand. The enforcement of criminal procedural law is the main instrument in combating drug traffickers, but it often clashes with human rights principles. This study aims to evaluate the effectiveness of the application of the death penalty against drug traffickers in both countries from a criminal law perspective. This research uses a qualitative method with a comparative approach, analyzing legal regulations, enforcement policies, and their impact on human rights in Indonesia and Thailand. The results show that although both countries have strict laws to deal with drug traffickers, their implementation faces serious challenges, such as violations of legal procedures, torture practices, and the imposition of the death penalty that triggered international criticism. In Indonesia, despite legal reform efforts, implementation of human rights remains weak, while Thailand adopts a repressive approach that often ignores the principles of justice. In conclusion, the effectiveness of criminal procedure law enforcement against drug traffickers in both countries still needs to be improved to align with human rights principles. This research recommends human rights-based legal reform and strengthening oversight mechanisms in the criminal justice process.

О роли доктрины в уголовно-процессуальном регулировании

Introduction. The The author researches the role of legal doctrine in the regulation of relations in the sphere of criminal proceedings.It is noted that the differences in the positions of scientists regarding the recognition of legal doctrine as a source of Russian law are derived from the differentiation of views on the concepts of “doctrine” and “source of law”. There are two types of legal doctrine: doctrine as a set of provisions of legal science (scientific legal doctrine) and doctrine as official documents of doctrinal nature (official doctrine). The term “source of law” is used in two meanings - as a law-forming factor, the beginning, the origin of law (material source of law) and as a form of law, a way of establishing legal norms (formal-legal source of law). The possibility of relating the designated types of legal doctrine to substantive and formal-legal sources of criminal procedural law is analysed. Methods. Methods of analysis, synthesis, formal-legal, logical, sociological and other methods of scientific cognition formed the methodological basis of the research. Results. The author has concluded that legal doctrine is a material source and the most important tool of cognition of criminal procedural law. The author argues that legal doctrine cannot be recognised as a formal-legal source of criminal procedural law.

НАПРАВЛЕНИЯ ПОВЫШЕНИЯ ЭФФЕКТИВНОСТИ МЕЖДУНАРОДНОЙ ПРАВОВОЙ ПОМОЩИ ПО УГОЛОВНЫМ ДЕЛАМ В РОССИЙСКОЙ ФЕДЕРАЦИИ

Introduction: the author examines the factors that enhance the efficacy of legal assistance in criminal cases, identifies concerns and features in a preliminary investigation when international cooperation of law enforcement agencies is required, and elucidates the primary reasons for the incompatibility between domestic law and international law. In light of the findings of the study, the author puts forth suggestions for future development in this field and recommendations for enhancing the efficacy of the preliminary investigation body. Materials and Methods: the study was based on an analysis of international treaties and agreements, regulatory acts, and the proceeding papers of the subject. The author employed a dialectical, comparative legal and legal methodology. Results: the findings indicate that international legal instruments regulating legal assistance in criminal cases are comprehensive in nature. However, an analysis of the legal acts suggests that this area is not without shortcomings and requires comprehensive and coherent enhancement. Furthermore, there is a discrepancy between the practices of law enforcement in international criminal proceedings and the realities of the modern world. To address these shortcomings, the author proposes that Russian education should be oriented towards training specialists who meet the demands of the contemporary era. The author suggests the introduction of specialized courses in foreign criminal law and procedural law. Discussion and Conclusions: it is imperative that a codification of mutual legal assistance be established. Domestic codification is feasible through the enactment of a specific law or the amendment of existing criminal and criminal procedural legislation. The author's perspective is that the enactment is a more preferable course of action for the Russian Federation. In order to enhance the efficiency and efficacy of the investigative work conducted by the Ministry of Internal Affairs of the Russian Federation, it is essential to implement measures that facilitate international cooperation. 1. It is imperative to guarantee precise adherence to the stipulations set forth in regulatory documents. 2. It is imperative to establish personal accountability of the pertinent managerial personnel for the organisation of work in this domain. 3. It is recommended that additional training be conducted within the framework of the official training programme, with the adoption of credits for the study of international cooperation norms and the criminal procedure legislation of the Russian Federation.

КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ ОСВОБОЖДЕНИЯ ОТ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ И НАКАЗАНИЯ В СВЯЗИ С ПРИЗЫВОМ НА ВОЕННУЮ СЛУЖБУ ЛИБО ЗАКЛЮЧЕНИЕМ КОНТРАКТА О ПРОХОЖДЕНИИ ВОЕННОЙ СЛУЖБЫ

Introduction: this article examines the legislative regulation of exemption from criminal liability and punishment in relation to conscription or the conclusion of a contract for military service. This article analyses certain aspects of the application of the provisions of criminal and criminal procedure law regulating the aforementioned sphere of legal relations. Materials and Methods: in the course of this study, the fundamental scientific methods were employed with the objective of examining the extant legislation that regulates the grounds and procedure for exemption from criminal liability and punishment. However, the methods of statistical and systematic analysis of law enforcement practice in the field under consideration demonstrated the greatest efficacy. Results: the results of this study demonstrate that the primary provisions of the recently introduced criminal and criminal procedure legislation, which establish the grounds and procedure for exemption from criminal liability and punishment in connection with conscription, were duly considered. This study analyses certain aspects of the legislative process aimed at formulating appropriate changes in legislation. This study presents an assessment of the potential socio-legal implications of amending the criminal and criminal procedure legislation. Discussion and Conclusions: the findings of this research lead to the conclusion that there is a need to maintain a balance between the interests of societal security and those of the state in the formation of criminal policy in relation to persons accused or convicted of committing serious or especially serious crimes. It is further highlighted that the legitimate interests of victims of crimes must be taken into account when constructing norms on exemption from criminal liability.

Inadmissibility of Objections in Criminal Proceedings

The article is of a scientific and research nature. The analyzed issue is the institution of inadmissible objections specified in Article 378a § 4, Article 427 § 3a, Article 447 § 5 and Article 447 § 6 of the Criminal Procedure Code. Examining this research theme is justified by numerous problems related to the interpretation of the provisions governing this institution and the legal consequences of raising inadmissible objections in appeal. Moreover, the justification for conducting research results from the constitutional and conventional consequences of the inadmissibility of objections in criminal proceedings institution. So far, this issue has not been comprehensively described. The thesis was put forward that the provisions governing inadmissible objections were incorrectly formulated and the catalogues covering such claims are not strictly defined. Then, the thesis was put forward that the Criminal Procedure Code does not directly express the consequences of raising such claims, which requires a functional interpretation of the provisions of the Criminal Procedure Code. As a result of the considerations, de lege ferenda conclusions are formulated. The presented research is important for the dogmatics of criminal procedural law and the practice of application of the provisions discussed.

THE DYNAMICS OF CRIMINAL PROCEDURE LAW ENFORCEMENT RELATED TO THE ELIMINATION OF THE INVESTIGATION STAGE IN THE DRAFT CRIMINAL PROCEDURE CODE

This study examines the impact of the elimination of the investigation stage in the Draft Criminal Procedure Code (RUU KUHAP) on the dynamics of criminal law enforcement in Indonesia. The study utilizes various data sources, including legislative texts, government regulations, judicial decisions, and academic literature related to the topic, in order to understand the legal foundation governing the issue. The author analyzed the data through a qualitative approach, employing comparative legal analysis to evaluate the implications of various legal provisions, exploring their effectiveness and relevance in law enforcement practice. Furthermore, the author engaged in thematic analysis to explore the broader impacts of these reforms on legal practice and the enforcement of the criminal law, assessing the effectiveness and relevant of the existing legal framework in light of the proposed reforms. The results demonstrate that the abolition of the investigator position in the draft criminal procedure code has significant implications for the criminal procedural law system in Indonesia, paving the way for further discussions on improving criminal procedure and enhancing the effectiveness of law enforcement. This research could contribute to refining the legal framework and operational practices in Indonesia to ensure a balance between effective crime control and the protection of civil liberties.

Judicial control over the decision of investigator, detective and prosecutor to suspend pre-trial investigation: criteria of legality and practice of appeal

The article presents the results of scientific research on a comprehensive analysis of the mechanism of judicial control by an investigating judge over the decisions of an investigator, a coroner and a prosecutor to suspend a pre-trial investigation. It is established that quite often in the law enforcement practice of criminal proceedings, situations arise which make it objectively impossible for pre-trial investigation authorities to continuously and timely carry out the necessary investigative (detective) actions and make appropriate decisions to complete the pre­trial investigation as soon as possible. In particular, we are talking about the objectively determined need to suspend the pre-trial investigation, the validity of which is confirmed by the prosecutor’s decision or the decision of the investigator, detective, agreed with the prosecutor. The study focuses on the procedural peculiarities of acquiring the status of a suspect, as well as on the need to comply with the principle of reasonableness of the pre-trial investigation. In particular, the author identifies the negative legal consequences of unlawful delay in the pre­trial investigation for the process of restoration of violated rights and interests of individuals and compensation for damages to civil plaintiffs. In support of the author’s position, the author cites the practice of application of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the judgment in the case of Merit v. Ukraine, adopted by the European Court of Human Rights on 30 March 2004. It is determined that the conditions for suspension of the pre-trial investigation should be understood as the provisions of the criminal procedure law which oblige the authorised official to perform relevant procedural actions and make procedural decisions or establish the existence of certain legal facts before issuing a decision to suspend the pre-trial investigation. The author emphasises the need to strictly comply with the provisions of Parts 1 and 2 of Article 280 of the Criminal Procedure Code of Ukraine, in which the legislator has defined an exhaustive list of grounds for the lawful suspension of a pre-trial investigation. The authors of the article also determine that judicial control over the decision-making by the investigator and prosecutor to suspend the pre-trial investigation is revealed through the investigating judge’s ability to resume procedural actions in the context of criminal proceedings, which is ensured by the latter’s cancellation of the decision to suspend the pre-trial investigation. The opportunity to appeal to the investigating judge against the decision of the investigator, detective, or prosecutor to suspend the pre-trial investigation is provided by Article 303(1)(2) of the Criminal Procedure Code of Ukraine.

Formation Of the Commissioner Judge Institution as A Court Supervision Policy (Judicial Scrutiny) Indonesian Criminal Justice System

The idea of the concept of commissioner judges as Preliminary Examination Judge Institutions is the influence of the development of the times, as well as the ratification of the International Covenant on Civil and Political Rights by Indonesia, so that protection of the rights of suspects/defendants becomes the country's main priority in efforts to enforce the law through law enforcement officers. The fundamental function of Criminal Procedure Law is to seek material truth, so it is felt that the Preliminary Examination Judge as a new institution that emerged in the Criminal Procedure Code Bill is a new breakthrough to maintain the Due Process of Law so that it can continue to run according to expectations. It is also hoped that in the future there will be no innocent people who are sentenced without ignoring the interests of the victim. This scientific writing uses the Sociological Legal Research method (socio legal research).

Transparency of Criminal Proceedings: Balance of Public and Private Interests

Introduction. In Russian criminal proceedings, the transparency of the trial is fixed at the level of one of the conditions. However, at its core, it represents a constitutional principle reflected in the norms of criminal procedure law. Limitation of the operation of such a principle cannot be arbitrary and is permitted only in order to ensure private and public interests protected by law. This article is devoted to the analysis of the operation of the principle of publicity in Russian criminal proceedings. The study of existing regulatory approaches to limiting the openness of criminal proceedings can become a starting point for scientific discussion on this issue and for the formulation of proposals for changing legislation. Theoretical Basis. Methods. The theoretical basis of the study was scientific work in the field of organization of judicial activities, criminal procedural law, devoted to the issue of taking into account public and private interests while ensuring the transparency of criminal proceedings. Using the formal legal method of research, the features of the normative regulation of publicity when courts consider criminal cases were identified. The use of the comparative legal research method made it possible to identify variable approaches to ensuring a balance of private and public interests while ensuring the transparency of the trial. Results. The article reveals the main approaches in Russian criminal proceedings to ensuring the court balances private and public interests when deciding whether to conduct a closed trial. Regulatory approaches to openness of justice in criminal cases are analyzed, and a number of problematic issues are proposed for further productive scientific discussion. Discussion and Сonclusion. Ensuring the balance of public and private interests by the court should not lead to unreasonable restrictions on the constitutional principles of justice and is permissible only if there are appropriate legal and factual grounds to the minimum required extent. The authors believe that scientific development of issues of ensuring the rights of participants in the process while limiting the publicity of criminal proceedings is necessary.

Application of the principle of retroactivity in ukrainian legislation for commitment of applicable offenses against property

Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others.

The Importance of Witness A De Charge as Evidence for the Defendant in the Crime of Domestic Violence (KDRT) (Case Study of Decision No. 3339/Pid.Sus/2018/PN.Sby)

Abstract Introduction to the Problem: The law was created to regulate and protect all components of society. The preamble of Law of the Republic of Indonesia Number 8 of 1981 point C concerning Criminal Procedure Law explains that national development in the field of criminal procedure law is intended to make the community appreciate their rights and obligations and to improve the attitude of law enforcers and the protection of human dignity, order and legal certainty for the implementation of the rule of law in accordance with the 1945 Constitution. Purpose/Study Objectives: This research aims to find out how important the position of witness a de charge is for the defendant in the crime of domestic violence. Design/Methodology/Approach: This research uses normative juridical research methods. Data collection was carried out by means of literature and document studies. Data analysis was carried out using analytical descriptive methods and using a qualitative approach. Findings: The results showed that there is a right to submit witnesses or experts that have been given by the law by the suspect or defendant as referred to in Article 65 of the Criminal Procedure Code, so that the examiners at all levels of examination are obliged to ask the suspect or defendant, but there is no obligation for the defendant to present witnesses in the trial so that it will not affect the legal status of the defendant. Paper Type: Research Article

Pengaturan Judi Online dan Penegakan Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik

Along with the advancement of technology, online gambling games that were initially only considered entertainment, turned into a source of income or known as online gambling. On this basis, the government issued Law Number 11 of 2008 concerning Information and Electronic Transactions to regulate the management of information and electronic transactions in Indonesia. Since its enactment in 2008, Law No. 11 of 2008 has not undergone major changes to keep pace with the rapid advancement of information technology, especially related to online gambling. This research is a normative judicial research supported by a legislative approach, a sociolegal approach and a conceptual approach using primary legal materials, secondary legal materials and tertiary legal materials. This study uses data collection techniques in the form of observation and literature studies. The processing technique of legal materials is carried out in several stages, namely inventory, classification, systematization and verification, after which it will be analyzed qualitatively judicially according to the information obtained from various legal materials. The results of this study show that (1) Regulation of online gambling in Indonesia is regulated in 9 laws and regulations, namely in laws and regulations (2) Law enforcement against online gambling in Indonesia has not been running effectively, seeing that the data on online gambling cases from year to year online gambling cases are increasing. (3) Legal protection for people involved in online gambling, having legal protection rights guaranteed by Law Number 8 of 1981 concerning the Criminal Procedure Law (KUHAP).

Exclusionary Rule of Illegal Evidence Under China’s Criminal Procedure Law and Recommendations for Vietnam

Abstract The exclusion of evidence aims to protect individuals from illegal evidence-collection activities of competent authorities, thereby protecting their legitimate rights and interests. In the judicial reform in recent years in China, the exclusion of evidence has gained great attention from experts, lawmakers, and authorities. This paper explores the process of making and developing the Chinese criminal procedure law on evidence exclusion. On that basis, the author compares and proposes recommendations to enhance Vietnamese criminal procedure law on relevant issues.

HOMICÍDIOS DOLOSOS E SUA IMPUNIDADE: CAUSAS E POSSÍVEIS SOLUÇÕES NO ÂMBITO JURÍDICO

According to the definition in Article 121 of the Brazilian Penal Code, intentional homicide refers to a criminal act with the intent to kill. This type of crime is one of the most severe offenses outlined in the penal legislation, given its irreversible impact on human life. The impunity in cases of intentional homicide is a multifaceted issue that involves legal, institutional, and social aspects. The problem of intentional homicides and impunity is a significant challenge in Criminal Law. This thesis will focus on exploring the reasons for impunity in cases of intentional homicide from a legal perspective and propose legislative solutions to the problem. The issues investigated pertain to the field of Criminal Law and are also relevant to Procedural Criminal Law due to the unique characteristics of the procedures in investigating and judicially examining these crimes. The research question under investigation is: "What are the causes of impunity in intentional homicides in Brazil, and what legal solutions can be implemented to address the issue?" This study is motivated by the need to improve the efficiency of the Brazilian justice system concerning the adequate punishment of perpetrators of intentional homicide.

Деятельность защитника по обжалованию применения меры пресечения в виде заключения под стражу

The study examines certain characteristics of the defender’s activities in contesting the application of detention as a measure of restraint, highlighting the low effectiveness rates associated with this procedural endeavor, which underscores the relevance of the chosen subject matter. An active procedural stance taken by the de-fender, filing appeals on behalf of the accused, taking measures to advance these appeals within the proce-dural field, using all judicial instances, formulating arguments, substantiating claims, submitting documents to the court, and participating in hearings constitute vital and substantial components of their professional duties and serve as an effective means to ensure the efficiency of the appeals process. Based on the results of the study, a number of conclusions are made. Specifically, the term “powers” in relation to the defender is identi-fied as a poor example of legislative technique due to its failure to reflect the defender’s actual procedural posi-tion. Furthermore, the title of Article 53 of the Criminal Procedure Code of the Russian Federation contradicts its content, indicating the need for amendment. It is argued that the procedural opportunities of the defender should be referred to as “rights” within the framework of the criminal procedural law. In addition, based on the results of the analysis, the author’s understanding of the defender’s right to appeal the measure of restraint in the form of detention is given.

Certain aspects of seizure and cancellation of property in criminal proceedings

The subject matter of this article is the analysis of the procedure for imposing and lifting the seizure of property in criminal proceedings, which is considered with due regard to the current provisions of the Criminal Procedure Code of Ukraine. Although the issue of seizure of property is given quite a lot of attention in the national doctrine of criminal procedure law, the author in the course of the analysis highlights the currently controversial provisions relating to the regulation of the procedure for imposing and revoking the seizure of property in criminal proceedings and analyzes the court’s conclusions regarding the interpretation of problematic issues in the course of law enforcement, and examines the general approaches to seizure of property in criminal proceedings through the prism of the European Court of Human Rights (hereinafter – ECHR) case law. Among other things, the author examines the issues related to the procedural powers of special subjects of criminal proceedings (Director of the National Anti-Corruption Bureau of Ukraine/deputy Director, Director of the Bureau of Economic Security of Ukraine/deputy Director) in specific cases determined by the criminal procedure law. At the same time, the author demonstrates that there are gaps in the current version of the Criminal Procedure Law in terms of regulating the powers of special subjects of criminal proceedings with regard to preliminary seizure of property without a court order, and also proposes amendments to the relevant article of the CPC of Ukraine with a view to bringing the provisions of the law in line with the general principles and purpose of criminal proceedings. Particular emphasis is placed on the issues related to the imposition and cancellation of seizure of property of a third party whose property is being considered in criminal proceedings, the status of which is regulated by Article 642 of the CPC of Ukraine. The author proposes amendments and additions to the Criminal Procedure Code of Ukraine aimed at improving the procedures for seizure of property and ensuring the rights and legitimate interests of persons who do not have status in criminal proceedings and whose property becomes subject to seizure during the pre-trial investigation.

The significance of witness testimony in the investigation of criminal offenses

The scientific article examines the institution of witness testimony in the process of investigating criminal offenses. A topical issue is the role of witnesses in criminal proceedings as a key source of information that can significantly influence the establishment of the truth. The scientific article is devoted to the problems that arise when obtaining and using witness statements, in particular, their reliability and, accordingly, admissibility, the influence of external pressure and other participants in the proceedings or officials, as well as the possibility of distortion of information, unreliability of data. Special attention is paid to the analysis of the legal confirmation of evidence in the protocol, which is important to ensure the acceptance of this evidence. The rights and obligations of the witness are investigated before the interrogation begins and such results are recorded in the protocol. An appropriate source of accurate recording of the testimony of a witness is audio recording or video recording, and the use of information technology during interrogation is a certain deterrent to the provision of reliable information by witnesses. The testimony of persons in criminal proceedings is recorded in a protocol, which has the form defined by the criminal procedure law and is a mandatory document. In the interrogation protocol itself, it is indicated that the witness was warned about giving false testimony and refusing to testify. At the same time, witnesses have the right not to testify against their relatives. The interrogation protocol has a clearly defined structure, mandatory requisites for filling it out, during the interrogation the witness has the right to use the legal assistance of a lawyer. An important procedural activity is the assessment of the credibility of witness statements and other procedural sources of evidence, which is carried out by the investigator, prosecutor, investigating judge, court on the basis of the law and within the limits of their procedural powers. The main properties of the testimony of a witness, the totality of which forms the content of this type of evidence: the information is an oral or written message; the source of information is a person granted the procedural status of a witness; the information is important for this criminal proceeding; compliance with the requirements of the legislation is ensured when receiving and processing information.

About the evolution of the concept of «prisoner of war» and the rules of treatment of prisoners of war: a historical and legal research

The article examines the issues related to the historical evolution of the concept of «prisoner of war» and the rules of detention, treatment and internment of such persons. It is stated that the precedent of discrepancies between legal acts providing for legal regulation of the status of prisoners of war is retrospective. The author analyses the customs of the ancient world and early civilisations for compliance with moral norms in the context of treatment of prisoners of war. Early states did not actually know what a system of «humane» treatment of prisoners of war was, but such countries and states as Ancient Greece and India were the driving force for fundamental changes in the vector of humane treatment of persons held in captivity. Using the method of comparative legal analysis, the author concludes that the periods of the Middle Ages and Modern times in terms of treatment of prisoners of war have both a close correlation and direct inconsistency. The author identifies the legislative acts that served as the basis for the regulatory settlement of the problem, such as the Special Prisoners’ Decree or the Hague Convention of 1899. The author analyses the historical changes in international approaches to understanding the concept of «prisoner of war» and the rules for the treatment of such persons from early armed conflicts to modern norms of international humanitarian law. Attention is drawn to the national framework of Ukrainian legislation in the context of the customs of Kyivan Rus, the late Middle Ages, the Ukrainian SSR and the period of independence. The treatment of prisoners of war on the territory of Ukraine has always been historically consistent with moral values, even those which can be compared with modern international humanitarian law. The author concludes that the conflict between theory, legislation and practice has been present throughout human history due to the destructive nature of war and hostilities. The author emphasises the need to find new practical approaches to improve the level of legal regulation of the status of prisoners of war in international humanitarian law and national legislation of Ukraine (in particular, criminal procedure law).