Concept and Classification of Evidence Presented During Interrogation
( Pp. 233-238)

More about authors
Boziev Murat Vladimirovich police major, Lecturer, North Caucasian Institute for Advancement qualifications of employees of the Ministry of Internal Affairs of Russia (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia, Department of Special Disciplines
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Abstract: The purpose of this article is the theoretical study of the concept and classification of evidence presented during interrogation by considering the opinions of the scientific community and authoritative legal figures.
The author elaborated on the concepts of admissibility, relevance, credibility and sufficiency of evidence, as well as various classifications of this category in the study. The author also raised questions about the source of evidence and their types.
Conclusions: in order to serve the purposes of justice evidence must have a number of qualities, namely, it must be sufficient and admissible, credible and relevant according to Article 88 Code of Criminal Procedure of the Russian Federation. Data carriers forming primary information are people and objects, but there is a divergence of views in the scientific community as to what they are sources or carriers of evidence.
The admissibility of evidence is the result of compliance with all the requirements of the law regarding its source, method of obtaining, subject of proof, verification of evidence, rules for the admission of documents to the case.
The relativity of evidence or their belonging to a particular criminal case is based on a spatial, temporal and causal relationship.
The reliability or certainty of the origin of information is one of the criteria for compliance with criminal procedure norms and requirements.
Sufficiency is a property of evidence that constitutes exhaustive information to confirm this or that information.
The classification of evidence allows to distinguish between different bases and functions, for example, initial and derivative, exculpatory and accusatory, personal and material.
How to Cite:
Boziev M.V. Concept and Classification of Evidence Presented During Interrogation // Gaps in Russian Legislation. 2023. Vol. 16. №4. Pp. 233-238. (in Russ.). EDN: QZTDXB
Reference list:
Constitution of the Russian Federation: text as amended during the all-Russian vote on July 1, 2020: [adopted by popular vote on December 12, 1993]. – Text: electronic // ConsultantPlus [website].
Code of Criminal Procedure of the Russian Federation: Code of Criminal Procedure of the Russian Federation) dated December 18, 2001 No. 174-FZ (last edition) - Text: electronic // ConsultantPlus [website].
Barabash A.S. The nature of the Russian criminal process, the goals of criminal procedure and their establishment. - St. Petersburg: R. Aslanov Publishing House "Legal Center Press", 2005. - P. 138.
Bryanskaya E.V. On material evidence in criminal proceedings // Siberian Legal Bulletin. 2013. - No. 2. - P. 86-91.
Davletov A.A. Fundamentals of criminal procedure knowledge. Sverdlovsk: Publishing House Ural. un-ta, 1991. - P. 100.
Dinaev R.R. Presentation of evidence as one of the main tactics of interrogation of the accused, who denies his involvement in a robbery or robbery against a minor // Bulletin of the SevKavGTI. - 2011. - Issue. 11. - P. 94-97.
Dorokhov V.Ya. The concept of the source of evidence // Actual problems of proof in the Soviet criminal process. Abstracts of speeches at a theoretical seminar held by the All-Russian Research Institute of the Ministry of Internal Affairs of the USSR on March 27, 1981 - M .: Publishing House of the All-Union Research Institute of the Ministry of Internal Affairs of the USSR, 1981. - P. 7-12
Mezinov D.A. On the issue of dividing evidence into direct and indirect // Actual problems of Russian law. 2016. - No. 2 (63). - P. 146-152.
Mikhailovskaya I.B. Types of evidence // Criminal process. Textbook / Edited by I. L. Petrukhin. M., 2001. - P.183 -192.
Motorin A.S. Presentation of evidence during interrogation in a conflict-free situation // Vector of Science of Togliatti State University. - 2008. - No. 3 (3). - P. 104-107.
Orlov Yu. K. Fundamentals of the theory of evidence in criminal proceedings. Scientific and practical guide. M., 2000. P.110-111.;
Orlov Yu.K. Problems of the theory of evidence in criminal proceedings. M., 2009. - P. 145.
Rogava I.G., Yalovaya D.V., Admissibility as a property of evidence in criminal proceedings // International Journal of the Humanities and Natural Sciences. - 2019. - No. 2-2. – P. 173-175.
Ryabchikov V.V., Kornienko D.O. Problems of admissibility of evidence in criminal proceedings // StudNet. 2021. - No. 7. - P. 343-348.
Serednev V.A. Problems of the admissibility of evidence in criminal proceedings // MNKO. 2012. - No. 3. - P. 324-331.
Keywords:
evidence, interrogation, credibility, admissibility, relativity, sufficiency, material evidence, direct and circumstantial evidence, exculpatory and accusatory evidence..


Related Articles

PUBLIC LAW (STATE LAW) Pages: 29-35 Issue №24067
«Technical Company» as an Evidence in Disputes of Unreasonable Tax Benefit
technical company subject of proof tax process evidence proof.
Show more
8. Judicial, prosecutorial, human rights and law enforcement activities Pages: 169-172 Issue №16219
SUFFICIENT POWERS TO CONTROLLING BODIES FOR EFFECTIVENESS OF PROSECUTOR'S SUPERVISION OVER THE LAWS IMPLEMENTATION
prosecutor's office supervision enforcement laws legality
Show more
4. CRIMINAL LAW (5.1.4.) Pages: 233-237 Issue №22457
Interrogation of a Witness in Criminal Cases of Embezzlement in the Field of Energy Resources: Features of Conducting
energy resources investigation theft witness interrogation
Show more
8. CRIMINAL PROCESS (12.00.09) Pages: 205-209 Issue №18617
On the evidentiary value of information obtained in criminal proceedings with the use of modern information technologies: some aspects, problems and possible solutions
criminal proceedings evidence modern information technologies digitalization of criminal proceedings electronic information technologies of proof
Show more
8. Criminal procedure Pages: 173-177 Issue №15895
THE INSTITUTE OF MATERIAL EVIDENCE IN THE CRIMINAL PROCEDURAL LAW OF THE STATES LOCATED IN THE POST-SOVIET SPACE
comparative law evidentiary right evidence material evidence documents
Show more
7. CRIMINAL PROCESS (12.00.09) Pages: 219-222 Issue №17401
Some features of evidence in the investigation of crimes committed by minors
minors criminal case evidence investigation proof
Show more
7. Criminal procedure Pages: 165-168 Issue №16219
PROBLEM ASPECTS OF THEORY AND PRACTICE ARISING IN THE PRODUCTION OF presenting FOR THE IDENTIFICATION AND offers FOR MINIMIZING THEM
identification evidence presentation for identification investigative action
Show more
7. Criminal procedure Pages: 158-161 Issue №5413
BODY SEARCH IN THE CONTEXT OF APPROPRIATE MEANS OF COLLECTING PHYSICAL EVIDENCES IN PRE-TRIAL INQUIRY
personal search the detention of the suspect evidence the proper way of gathering evidence pre-trial criminal proceedings
Show more
5.1.4. CRIMINAL LAW Pages: 279-282 Issue №21250
Participation in Procedural Actions through Video Conferencing: Problems and Solutions, Prospects
video conferencing investigative actions security Internet protocol
Show more
7. FORENSICS; FORENSIC EXPERTISE; OPERATIONAL AND SEARCH ACTIVITIES (12.00.12) Pages: 193-196 DOI: 10.33693/2072-3164-2020-13-6-192-195 Issue №17728
Specific features of conducting investigative actions in the Arctic
inspection of the scene crime investigation interrogation face-to-face verification of evidence on the spot
Show more