VERIFICATION OF ON-SITE READINGS AND THEIR VALUE FOR PROOF
Abstract and keywords
Abstract:
The rules developed by theory and practice for the production of on-site verification of indications are considered. The purpose of the work is to generalize the relevant rules, compliance with which affects the evidentiary value of the results of checking the testimony on the spot. The dialectical-materialistic method of research was used, which involves the study of phenomena in interrelation and interdependence. Methods of analysis and synthesis, deduction and induction, and content analysis were also used. Despite the absence of a direct instruction in the law, the verification of testimony on the spot with the accused (suspect) must be carried out with the participation of a defense lawyer. The necessity of a detailed and detailed interrogation of a person before checking the testimony is argued, since this is the only way to compare the information reported during the interrogation with the results of checking the testimony. In addition, the verification of the testimony itself must begin with a statement by the person of the circumstances that will be checked. Of particular evidentiary value is the verification of testimony at the place where the situation has changed in comparison with what it was at the time of the crime. Based on this, the author argues with scientists who believe that in such cases, checking the testimony on the spot is unacceptable. Arguments and conclusions are supported by positive and negative examples from judicial practice. It is concluded that the verification of testimony on the spot, if it is carried out correctly, is important for proving and making a legal decision in the case, allowing to assess the reliability of a person's testimony. At the same time, non-compliance with the requirements for on-site verification of testimony deprives the results of this investigative action of evidentiary value. The results of the study can be used to further study procedural problems and improve the effectiveness of on-site verification of testimony.

Keywords:
criminal procedure, preliminary investigation, investigative actions, verification of evidence on the spot
Text
Text (PDF): Read Download
References

1. Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 15, 2017 № 56-APU17-16SP [Electronic resource] // ConsultantPlus (accessed: 15.10.2022).

2. Arsentieva S. S., Savchenko A. N. Checking the testimony on the spot : forensic analysis of the investigative action, ethical aspects of the criminal procedure activities of checking and evaluating this evidence // Russian judge. 2020. № 2. P. 27‒32.

3. Belykh-Silaev D. V., Ulyanov S. V. Tactics and psychology of checking readings on the spot // Legal psychology. 2010. № 2. P. 2‒7.

4. Zemtsova S. I. The purpose and tasks of checking testimony on the spot in the investigation of crimes related to drug trafficking // Modern law. 2015. № 8. P. 112‒117.

5. Kurnysheva E. A., Rodionova Yu. V. The essential nature of the investigative experiment // Russian investigator. 2015. № 20. P. 22‒24.

6. Novikov S. A. Checking testimony on the spot : problems of legal regulation // Russian investigator. 2010. № 2. P. 7‒11.

7. Rossinsky S. B. Conceptual basis for the formation of the results of «non-verbal» investigative and judicial actions in evidence in a criminal case : dis.... dr. jurid. sciences. M., 2015. 525 p.

8. Rossinsky S. B. Investigative actions: monograph. M. : Norma, 2018. 240 p.

9. Sidorenko M. V. Certainty of judicial precedent as a means of certainty of Russian criminal procedure law // Criminal law. 2018. № 3. P. 118‒121.

10. Stelmach V. Yu. Visual, verbal and combined investigative actions : monograph. M. : Yurlitinform, 2017. 352 p.

11. Criminal case № 1112398609. 2012 // Archive of the Sverdlovsk Regional Court.

12. Criminal case № 1112788623. 2015 // Archive of the Sinarsky District Court of the city of Kamensk-Ural Sverdlovsk Region.

13. Criminal case № 111453962. 2016 // Archive of the Polevsky City Court of the Sverdlovsk Region.

14. Criminal case № 11199621309. 2016 // Archive of the Oktyabrsky District Court of Yekaterinburg.

15. Criminal case № 11167540944. 2017 // Archive of the Pervouralsky City Court of the Sverdlovsk Region.

16. Criminal case № 1118592809. 2017 // Archive of the Tagilstroevsky District Court of the city of Nizhny Tagil, Sverdlovsk Region.

17. Criminal case № 2789379011. 2017 // Archive of the Kyshtym City Court of the Chelyabinsk Region.

18. Criminal case № 11167890107. 2018 // Archive of the Ordzhonikidze District Court of Yekaterinburg.

19. Ushakov A. Yu. Some trends indicating the improvement of legal regulation in relation to the investigative action «checking testimony on the spot» // Russian investigator. 2014. № 5. P. 10‒12.

20. Khmeleva A. V. Peculiarities of the production of certain investigative actions in the investigation of murders with signs of seriality // Russian investigator. 2017. № 10. P. 11‒14.

Login or Create
* Forgot password?