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criminal evidence
Uploaded: 04.03.2020
Content: доказательства 60.rar 55,2 kB
Product description
Crown evidence
AP 75
Contents
Introduction 3
Chapter 1: General description of evidence 5
1.1. The concept of evidence 5.
1.2 Classification of evidence 8
Chapter 2. Types of evidence 12
2.1. Personal evidence 12
2.2. Exhibit 19
Conclusion 28
List of used literature 30
Evidence, which is at the heart of criminal and procedural activities, as one of the most important elements includes the collection of evidence: its discovery or recovery, or acceptance and fixation (fixation). The significance of this element is determined by the fact that all subsequent operations with evidence - their verification, evaluation and use - are carried out only in relation to the evidence already collected.
The purpose of proof is to achieve truth, i.e. to establish all the factual circumstances of the event under investigation in exact accordance with reality. In criminal proceedings, this goal is achieved only as a result of proving. The means of its achievement are proofs - factual data on the circumstances relevant for the correct resolution of the case, obtained by the bodies and persons specified in the law in accordance with the procedure defined by the criminal law and procedure.
The collection of evidence is carried out, first of all, by identifying sources of information relevant to the case. This activity is carried out mainly in the form of investigative actions prescribed by law.
Thus, evidence in a criminal case is any relative, admissible and reliable information from the moment the criminal procedure act is adopted on the basis of which the court, procurator, investigator or person conducting the initial inquiry gives an answer to a legal question about the existence or absence of one or more circumstances that are relevant to the criminal case.
The aim of the work is to examine the concept and essence of evidence in criminal proceedings and to identify the peculiarities of its formation during the preliminary investigation and in court.
The object of the study is public relations arising in the process of collection, verification and evaluation of evidence in a criminal case.
The subject of the research are the criminal procedural norms defining the concept of evidence in criminal proceedings and the process of their formation in criminal proceedings.
In accordance with the goals set, the following research tasks are carried out:
- defines the concept of evidence in a criminal case;
- classification of evidence in a criminal case is carried out;
- generalizes investigatory and judicial practice on collection, verification and evaluation of evidence.
When writing the work, general scientific and private methods of cognition, methods of comparative legal, logical and legal research, dialectical method of cognition of social and legal reality are used.
The normative and legal basis for the study is the current Russian legislation, the court decisions of the Constitutional Court of the Russian Federation and the jurisprudence of the courts of general jurisdiction.
Additional information
The normative and legal basis for the study is the current Russian legislation, the court decisions of the Constitutional Court of the Russian Federation and the jurisprudence of the courts of general jurisdiction.
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