A new technology of evidence research is necessary in criminal proceedings

Abstract

The purpose of the research, part of the results of which is presented in this article, was an attempt to formulate and describe the method of judicial evidence, the method of disclosing before the court the content and significance of the evidence collected by the parties, to develop and propose rules for conducting individual legal actions, to link them into a single process (technology) forensic research. The procedure for examining evidence is not only the sequence of relevant actions, but also court-approved regulations for working with separate evidence, according to which the parties, when providing documentary evidence, must not only name the documents that they use to support their positions, but also disclose their content and report on the circumstances. in support of which they are submitted, so that it is clear both to the court and to any outside, reasonable and impartial observer. When presenting evidence, the prosecutor and the lawyer must demonstrate to the court both the propriety and admissibility of individual sources of factual data, as well as the logical connections between them, proving certain circumstances, criticizing the evidence of the procedural opponent, emphasizing the shortcomings of others and the advantages of their own evidence. That is, the content of the evidence must be revealed at the court hearing by the party that submits it to the judicial investigation, and not by the court, which should be exempted from the obligation to declare the documents provided by the parties. At the same time, the submission of evidence is not limited to providing the court with written, electronic documents or physical evidence. The justification by the parties of the necessity of questioning witnesses, experts, ensuring the arrival of these persons to the court and their questioning before the court is also the submission of evidence – factual data, information about which the interrogated have. It is proposed to borrow the experience of the courts of common law countries, where material evidence is usually submitted through witnesses who can testify to its origin. Key words: Criminal proceedings, evidencing, technology of court research.