THE ISSUE OF THE FORMATION OF PERSONAL EVIDENCE IN THE JUDICIAL INVESTIGATION IN A CRIMINAL CASE

Abstract

An investigative model is included in the modern approach to criminal procedural proof. This is most clearly manifested in the process of generating personal evidence. Its central elements are interrogation and other investigative actions, which are aimed at obtaining evidentiary information from persons. The judicial phase is not required in the formation of personal evidence. The court may be satisfied with the knowledge gained by the investigator from different persons. Such information is presented in the form of investigative actions records and other materials of the criminal case. This technology for the formation of personal evidence does not meet the standards of a fair trial, which requires that only the court is authorized to form the final form of evidence from their primary sources. Direct and cross-examination should be recognized as the main elements of the formation of personal evidence in a criminal case. All other means (documents in written or electronic form) may have just secondary evidentiary value. Therefore, testimony given during the pre-trial proceedings should be disclosed only in cases where the defense denies the accusation. The procedure for presenting or examining derivative personal evidence is acceptable in undisputed cases where interrogation may not take place. The transition to an adversarial model of the personal evidence formation in court involves a change in the form of accusation: from investigative to judicial and procedural presumption that any information obtained by the parties before the trial should be orally and adversarial examined during the trial.