Relevance of evidence
The relevance of evidence means:
- its direct or indirect connection with the circumstances that are subject to proof (the main or intermediate fact). Evidence must contain information that is important to the case, i.e., have a connection with the crime event;
- its suitability for establishing a fact included in the subject of proof. At the same time, during the process of proof, the assessment of the relevance of specific evidence may change.
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Relevant evidence can both establish the main fact and refute the existence of circumstances to be proven. According to this criterion, evidence is divided into
- acquittal (absence of event, corpus delicti, non-involvement);
- accusatory (existence of an event, corpus delicti, involvement and guilt).
Errors in determining the relevance of evidence:
- inclusion in the evidence system of information not related to the subject of proof;
- misinterpretation of relevant evidence when it relates to a fact that is unable to be established.
Admissibility of evidence
Admissibility in criminal proceedings means:
- guarantee of the reliability of the information received;
- compliance of evidence with moral and legal standards;
- a set of legal requirements that evidence must comply with;
- an institution of constitutional and criminal procedural law that ensures fair justice while respecting the rights of the accused.
Functions of the rule on the admissibility of evidence:
Finished works on a similar topic
Course work Admissibility and relevance of evidence in criminal proceedings 450 ₽ Essay Admissibility and relevance of evidence in criminal proceedings 260 ₽ Test work Admissibility and relevance of evidence in criminal proceedings 220 ₽
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- protective – the exclusion of inadmissible evidence protects the individual from unlawful actions of the investigative bodies;
- regulatory – prevents possible violation of the procedural form when collecting evidence and conducting investigative actions;
- authentication – guarantees the reliability of the information received.
The components of admissibility are:
- proper source of evidence (for example, the person giving the testimony);
- the appropriate person who received the evidence (for example, the investigator in charge of the case);
- proper form of obtaining evidence (procedural form of investigative or procedural action);
- proper recording of evidence (record of interrogation, not interrogation);
- refusal to use guesses and assumptions in proving.
