Proof In Criminal Cases 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.

Advancing Justice Through Technology: A Comparative Analysis of Data-Driven Approaches to The Burden of Proof in Criminal Cases in The USA and Pakistan

In this paper, the burden of proof in criminal justice is examined concerning technological innovations: The United States and Pakistan A Comparative Analysis. This paper looks at how digital evidence, much like forensic technologies and AI have impacted the legal proceedings, especially on aspects of discovery up come to scrap for proof. The research uses a mixed methods approach through case analysis and interviews with legal professionals to illustrate some of the benefits and barriers on deploying technical solutions in criminal justice. The study concludes that these innovations improve the reliability and efficiency of legal processes while posing significant challenges for developing legals frameworks, reliable evidencing practice or regulations, as well as clear ethical standards. The findings illustrate the divide between digitally rich and poor law systems, highlighting that effective legal reforms must be accompanied by sustained training for justice sector officials with a nuanced approach buttressing core human rights such as data privacy or presumption of innocence. This research adds to the rich literature on technology in justice and provides important lessons for policy makers, legal professionals, academics who wish to transform the criminal justice system of the future by leveraging digital technologies.

EXAMINING THE APPLICATION OF STANDARD OF PROOF IN CRIMINAL CASES: A COMPARATIVE ANALYSIS OF ISLAMIC LAW AND COMMON LAW IN MALAYSIA

In criminal litigation, evidence plays a very significant role in ensuring that justice is delivered. Nevertheless, justice cannot be achieved without the correct application of standard of proof. Failure to apply the correct standard of proof could result in miscarriage of justice. This paper examines the concept of standard of proof from the Islamic and common law perspectives. It also analyses the similarities and differences in the application of standard of proof under both legal systems. This study is a doctrinal research and utilises qualitative methods. The primary and secondary data are gathered using the documentation method obtained from library, legal statutes and reported cases. The gathered data are then further analysed using content analysis method. Findings of this study show that there are similarities and differences in the concept of standard of proof in criminal cases under both legal systems. In spite of the similarities, several applications under the common law should not be referred or utilised in litigating Syariah criminal cases. This paper suggests that the standard of proof under Islamic law is to be harmonised with the common law in the prosecution of criminal cases in the Syariah courts. The research conducted contributes towards the knowledge in distinguishing between the Islamic and common law principles particularly for countries that practise Islamic criminal law.

In proof in criminal cases on sexual abuse against child

The objectives of this research work are to reflect on the circumstances of the fact in proof in criminal cases regarding sexual violence against a child and to identify the problems of proof. The research has revealed the problems concerned with the identification, investigation, and evaluation of the circumstances to be proved. The main results of the research: the main matter of the fact in proof of sexual violence is related to the clear identification of the object of threat, the actus reus of sexual abuse. To achieve this, from the very beginning of investigation, in the pre-trial procedure, the investigating officer should be carefully prepared, including the place and time of interrogation and the choice of questions. Also, the interrogation of the injured child should be conducted according to the provisions of the Criminal Law. When investigating a case of sexual violence against child, from the very beginning of the investigation, the task of the investigating officer is to clarify and investigate the criminalistics versions in order to identify the principal fact, including the criminal act’s actual circumstances. Keywords: a specially protected injured person; child; criminal procedure; fact in proof; sexual abuse.

Частные механизмы доказывания по уголовным делам

The article continues to develop the author’s ideas about the mechanism of proof in criminal cases. This time, private mechanisms of proof are under the research scope. Here hypotheses about their existence are put forward and confirmed, as well as about the place of private mechanisms in the general mechanism of proof. The author presents a large–scale classification on 13 grounds, where the system-forming factor in distinguishing the mechanisms of proof is the category of crimes, clearly demonstrates the relationship between two mechanisms — criminal activity and evidence activities in the form of a three-level “mirror” display: mechanisms, characteristics and techniques. It is established that the classification of private mechanisms of proof will allow us to advance in the construction of a “conceptual bridge” between these mechanisms, clarify their essence and identify flaws for further improvement.

ORGANISATIONAL AND LEGAL BASIS FOR DETERMINING THE CRITERIA FOR THE SUFFICIENCY OF EVIDENCE IN THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS

Given the importance of the final stage of proof in criminal cases, which consists in assessing the sufficiency of evidence, the article deals with the legal and organisational foundations of the possibility of determining the criteria for this sufficiency. At the same time, the author’s definition of the concept of ‟sufficiency of evidence” is given, the need to establish the boundaries of this property of evidence is substantiated, and the analysis of publications devoted to determining the criteria for assessing the sufficiency of evidence is carried out. General scientific methods and private scientific methods were used in the study. As a conclusion, it is proposed to divide the criteria for the sufficiency of evidence into legal (provided for by the current Code of Criminal Procedure of the Russian Federation) and organisational (established in joint organisational and administrative documents of law enforcement agencies, in reviews of judicial practice, explanations of the Plenum of the Supreme Court of the Russian Federation).

Specifics of Proof in Criminal Cases over Illegal Entry into Dwelling

The author examines the process of proving that a person is guilty of criminal infringements on the inviolability of the home on the basis of a list of circumstances to be proven included in Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation while taking into consideration their specific features typical of the crime under consideration. It is stated that the object of criminal infringements — the right to the inviolability of the home — has its own specifics. This right is violated through illegal entry which could be carried out in different ways. It is noted that the typical feature of the crime under consideration is a practically total absence of criminal actions aimed at the preparation or the concealment of crime. The author presents examples from investigation and court practice that characterize the mechanism of crime, its instruments, circumstances, the personalities of the criminal and the victim. The specifics of investigating crimes under Part 3, Art. 139 of the Criminal Code of the Russian Federation in the situations of active counteraction from the suspect (the accused) are singled out.

Features of the Process of Evidence in Criminal Cases Evancation of Payment for Taxes from Organizations

Objective: The study of the features of the process of proof in criminal cases of tax evasion from organizations.
 
 Theoretical framework: Theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, practical materials from criminal cases were used.
 
 Method: It is a method to analyze the knowledge of the general patterns that characterize the evidentiary process in criminal cases of tax evasion. The methods of deduction and inducement made it possible to highlight the problematic aspects and characteristics of the investigation of evidence in criminal cases of tax evasion in criminal cases of tax evasion.
 
 Results and conclusion: Different points of view on the determinants of tax crimes are taken into account, taking into account macro factors, moving to microregulatory factors and moving to an additional need for sanction of some tax evasion actions.The author concludes that there is a need to improve the standards of legislation in order to deal effectively with tax offences.
 
 Originality/value: In criminal cases of tax evasion, the characteristics, procedure and mandatory points of the proof process of the entities are analyzed, which will allow us to identify many relevant circumstances. This type of crime greatly damages the budget of the Kazakhstan, and nowadays it has a great tendency for the problems of investigating tax crimes and one of its most dangerous manifestations, tax evasion, to be significant.

PENERAPAN OMKERING VAN BEWIJSLAST DALAM PEMBUKTIAN TINDAK PIDANA KORUPSI INDONESIA

In criminal procedural law, criminal proof law is provisions regarding evidence which include evidence, evidence, methods of collecting and obtaining evidence up to submitting evidence in court as well as the strength of evidence and burden of proof in criminal cases. Evidence in criminal procedural law is generally regulated in the Criminal Procedure Code, but in its development, the evidentiary provisions in the Criminal Procedure Code are distorted by the Corruption Crime Law. The Corruption Law in regulating its evidence uses the omkering van bewijslast principle or balanced proof. This research is compiled with a normative juridical research method and is structured to determine the principle of omkering van bewijslast in the legal theory of evidence and its regulation in the Indonesian Corruption Law.

Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure

The effects of the pandemic made digital technology into the courtroom. In connection with this research, the thing that wants to be studied is, firstly for the mechanism of applying event law to online trials in criminal cases in Indonesia, secondly how online trials accommodate the process of proof in criminal cases in Indonesia. The research method used in this research is to use a type of normative legal research, namely research that in its study refers to and bases on the norms and rules of law, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature materials relevant to the research topic discussed. The result of this study is, the first mechanism for the application of event law in online trials in criminal cases as stipulated in Supreme Court Regulation No. 4 of 2020 on Administration and Criminal Trial in The Court Electronically provides 2 (two) alternatives to conduct trials in criminal cases, namely offline and online. This is not previously regulated in the Criminal Procedure Law (KUHAP) or other legal regulations. Second, with regard to the process of proving in criminal cases at online trials basically still follow the provisions in the criminal event law and have the same value or power of proof as trials conducted offline.

Optimizing the Use and Evaluation of the Results of Operational Investigative Activities as Evidence

The current criminal procedure legislation provides a sufficiently detailed regulation of the process of proof in criminal cases. The object of proof, its means, the procedures of collecting, investigating, verifying and evaluating evidence are quite clear. However, both researchers and practitioners in the sphere of criminal court proceedings are still arguing about the rules of evaluating the results of operational investigative activities. Scholarly discussions at round tables and research conferences demonstrate that it is necessary to work out simpler algorithms for using operative information as evidence in a criminal case. Nevertheless, the procedural law still remains “at a standstill” and provides a rather superficial regulation of the evidentiary value of the results obtained during operational investigative actions. The author presents her opinion regarding the necessity of improving and optimizing means of proof by simplifying the procedural formalities of giving operational information the strength of evidence.

Оптимизация уголовно-процессуального законодательства в области доказывания по уголовным делам о преступлениях против собственности, совершенных с использованием информационно-телекоммуникационных технологий

The article identifies the problematic issues of proof in criminal cases of crimes against property committed with the use of information and telecommunication technologies, associated with disproportionately long periods of obtaining information serving as evidence, which in turn lead to a violation of the principles of criminal justice. As a result of the application of general scientific methods for conducting scientific research, incl. analysis of the current legislation, statistical data, practice of international cooperation and materials of criminal cases, it is proposed to optimize the criminal procedure legislation in the field of evidence in criminal cases of the above category in order to reduce the time for collecting evidence.

Features of the subject and limits of proof in criminal cases of crimes in the financial and budgetary sphere

Features of the subject and limits of proof in criminal cases of crimes in the financial and budgetary sphere

EKSISTENSI PERSIDANGAN ONLINE DITENGAH PANDEMI COVID19 DALAM PERKARA PIDANA DI INDONESIA

Following the background, the problems in this study are, first, the mechanism for implementing procedural law in E-Court for criminal cases in Indonesia, secondly how E-Court accommodates the process of proof in criminal cases in Indonesia. The method used in this research is pure legal research, which refers to and bases on legal norms and principles, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature that are relevant to the topic. The results of this study are, firstly, the mechanism for implementing E-Court procedural law is regulated in the Supreme Court Regulation 4/2020 on the Administration and Trial of Criminal Cases in Electronic Courts provides 2 (two) alternatives for conducting trials in criminal cases, namely Normal Courts and Electronic Courts. Such matters are not previously regulated in the Criminal Procedure Code or other procedural regulations. Second, concerning the process of proofing evidence in criminal cases in E-Court still follows the provisions of the normal criminal procedure law and has the same value or power of evidence as normal trials.

Features of Proof in Criminal Cases Against Minors

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

Очевидное и не очевидное в свидетельском иммунитете (опыт сравнительно-правового анализа)

Introduction: witness immunity – that is, the right of certain categories of persons to give testimony about some of the known circumstances, is a penal institution, objectively associated with the whole complex of problems of the criminal justice system – its participants, the proof in criminal cases, the right to protection and qualified legal assistance, etc. The historical and comparative legal analysis of the legislative consolidation of witness immunity opens up new opportunities for the study of this whole complex of theoretical and practical problems. The aim is to determine the best ways to improve its legal definition and implementation practice based on the analysis of different legislative formulations on witness immunity. The main research methods are the methods of comparative law, historicism and system-structural analysis. Results: the trends in the development of the legal definition of witness immunity in the domestic legislation, the similarities and differences in the solution of similar issues in the legislation of the Federal Republic of Germany, the relationship of both with the socio-economic and political processes in both states are revealed. Conclusions: 1) witness immunity as a social and legal institution is a reflection of the global processes of development of society, the state and the national legal system; 2) the comparative legal analysis of the legislative definition of witness immunity in different states allows us to identify the best ways to solve many criminal procedural and other legal problems.

Критерии оценки заключения судебного эксперта

Criteria for a forensic expert report evaluation in criminal proceedings are considered. Modern practice of applying special knowledge for the purpose of proof in criminal cases is analyzed. Forensic experts’ report evaluation problems connected with violations of current procedural legislation and qualification level verification of state and non-state forensic experts are considered. Proposals for possible solutions to the identified problems are formulated.

К вопросу о классификации полномочий следственного судьи в уголовном судопроизводстве Киргизской Республики

The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.

Evidentiary problems in the investigation of corruption crimes in Ukraine

The fight against corruption in Ukraine is one of the main tasks of law enforcement agencies. However, the process of proving corruption crimes in criminal cases is accompanied by problems that negatively affect the quality of the pre-trial investigation. The purpose of the article is to identify and study typical investigative errors and develop recommendations on the proper use of means and methods of proof in criminal cases of corruption crimes, taking into account the norms of national legislation and international criteria for ensuring human rights in criminal proceedings. To achieve this goal, a comparative and systemic structural analysis of international and domestic regulatory legal acts and court decisions, a selective study of materials from criminal cases on corruption crimes were made. It has been established that the process of proving in cases of corruption crimes in Ukraine will fully comply with international standards for ensuring human rights, provided that operational officers, investigators, and prosecutors comply with the admissibility criterion of evidence, especially when using secret measures. Investigative errors that take place at the stage of pre-trial investigation in this category of criminal cases lead to the restriction of human rights and freedoms and consist in significant violations of the criminal procedural law when collecting, checking, and evaluating evidence, as well as when opening the collected materials to the defense. Preventing such violations requires strict adherence to the general requirements for conducting undercover activities, formulated in the decisions of the European Court of Human Rights and domestic courts. The proof must take into account the "fruit of the poisonous tree" doctrine of the inadmissibility of evidence derived from materials collected in violation of the law. The defense side should be provided with timely access to the materials of covert events, including the documents that served as the basis for their implementation. It is important not to allow actions that are regarded as a provocation (incitement) of the suspect to commit a corruption offense.

Организационно-тактические меры по выявлению и документированию преступлений, связанных с незаконной добычей угля

The article, taking into account the subject of evidence in criminal cases, formulates proposals for operative tactical measures aimed at solving the problems of detection and documenting crimes related to illegal coal mining. Detection and documentation of crimes related to illegal coal mining are considered as two interrelated processes of activity of operative units of economic security and anti-corruption. Detection of crimes related to illegal coal mining is presented as an activity consisting of the following stages: search and receipt of primary operative search information; verification of primary information; targeted operative search for persons who may be witnesses, as well as items and documents that can serve as evidence; realization of materials for operative verification of primary information. The main directions of documenting crimes related to illegal coal mining are also defined. The selected areas of documenting crimes related to illegal coal mining allow for the process of proof in criminal cases. Based on the analysis of the activities of operative units of economic security and anti-corruption, a list of operative search actions that allow solving the problems of detection and documenting crimes related to illegal coal mining is proposed. Consider some of the tactical aspects of carrying out operative search actions.