WAYS OF COLLECTING EVIDENCE IN CRIMINAL PROCEEDINGS ABOUT SEXUAL CRIMINAL OFFENSES (REVIEW OF COURT PRACTICE)

Abstract

The article, based on the analysis of court practice, considers the methods of gathering evidence in criminal proceedings on sexual criminal offenses: 1) conducting investigative (search) actions; 2) claiming and receiving things and documents; 3) conducting other procedural actions in connection with the commission of an act for which criminal liability is provided. It is noted that the peculiarities of their use are determined by the mechanism of the formation of traces when committing illegal acts of a sexual nature and other circumstances. It is emphasized that the main role in the formation of the system of evidence by the prosecution is played by investigative actions. Attention is drawn to the fact that during the inspection of the scene of the incident, errors occur in the detection, fixation and removal of traces of biological origin, which are characteristic of acts of a sexual nature. These errors are related to the fact that the prosecution often underestimates the importance of such traces in evidence, which are biological in nature. Such traces are easily subject to changes under the influence of external factors (time, temperature, humidity, etc.). In addition, the cause-and-effect relationship of such traces with individual circumstances of committing criminal offenses of the specified category is sometimes not taken into account. During interrogations by the prosecution, testimony is not always critically evaluated, which causes them to be recognized as inappropriate in court. This applies, in particular, to the analysis of the content of the testimony of the victim and their connection with the testimony of witnesses characterizing the identity of the suspect, the accused. In particular, this concerns the decision-making regarding the conduct of this investigative action. It can be accepted by an authorized subject (investigator, prosecutor) only after finding out that a certain participant in the criminal proceedings can really recognize the object perceived by him under certain circumstances. From the etymological point of view, the concept of recognition is analogous to the concept of identification. It is also noted that the presentation for identification is often carried out in violation of the established procedural rules and their incorrect interpretation. The analysis of court practice also indicates shortcomings in the conduct of other procedural actions in criminal proceedings on sexual criminal offenses. The article concludes that these errors have a negative impact on the evaluation of the evidence presented to the court by the prosecution and lead to their recognition as improper or inadmissible.