Proof - what is it about and what does this term imply? We are used to the word and use it in everyday life without even thinking about what legal evidence is.
Types and features
There are several main groups of this concept:
- scientific;
- legal;
- ordinary.
Besides the above, there are others that are less common in life. There are so many types of evidence that can be invented, as many ways of knowing the truth have been invented by people.
Forensic and logical are two fundamentally different groups of evidence. Logical means clarifying the conclusion with a check of how much it corresponds to the truth. The essence of the proof is in reconciliation of the truth, using facts as a tool. If we talk about legal subtleties, then a fact can be obtained if we prove some hypothesis. Thus, a fact cannot be a tool, its role is played by the following.
Every action leaves some trace. This law, called the "reflection theory", is the basis of the modern proof theory.
Legal proof
Understanding what isevidence from the point of view of lawyers, it must be remembered that not every trace can be used in the process. There are several well-known requirements that every potential trace is checked against. The requirements of the civil, criminal code differ from each other.
First requirement
Collecting evidence is permissible only in a way that does not violate the law. But when it comes to criminal proceedings, the situation is somewhat different. Here, the activity of obtaining traces is considered criminal procedural, where, first, a case is initiated, then it is necessary to go through the remaining stages of production. Civil cases oblige to look for traces before the process or outside of it.
It is necessary to understand that there are types of evidence that are simply impossible to detect outside the process. A typical example is expertise. It can be appointed by the court, and the result is used in a particular case. Knowing what evidence is, it becomes clear that the testimony of witnesses belongs to the group of those that can be obtained exclusively during the investigation. On the side you can get a variety of materials, substances, objects, audio recordings and video materials. It is permissible for traces to be collected when the case has already been launched, and the search takes place in isolation from the actual events in court.
Limitations and possibilities of investigation
Signs of evidence indicate that if specific evidence was obtained during the commission of illegal actions, it is considered inadmissible and does not appear in the casemaybe. This extends to the criminal law code. The situation is different with civil cases.
Violation of the law in this situation is a crime of procedural law. Here we are talking about the fact that freedom, human rights were violated in the course of investigative activities.
There are two key concepts:
- the mechanism of trace formation;
- evidence collection mechanism.
Each of them is blameless or vicious. What is evidence that is vicious in terms of the mechanism of trace formation? This is a situation where the rights, freedoms of a certain person were violated already at the stage of creating evidence.
Second requirement
The second requirement imposed by the laws of our country on evidence is a source open to the court. This is stated in articles numbered 69, 77: if the witness is unable to indicate where he received the information from, if it is not known when, who recorded the media file, it cannot be said that such evidence is admissible for admission to the office.
Third requirement
This is the last requirement, if you follow the legislation of the Russian Federation. Let's talk about research mode. Article 157 is devoted to the issue, stating that it is necessary to hear and interrogate all witnesses, be sure to carefully study written evidence, view and listen to any media files available on the case. The mode in which each of the points is examined is selected based on the requirements of the law and in accordance with the principleimmediacy. The Civil Law Code regulates the formation of an examination regime based on the human senses.
Arbitration Court
If the arbitration court took over the conduct of the case, then the person participating in the process and referring to some evidence must prove it. Thus, the importance of a particular piece of evidence is increased, since its validity may be key to the outcome.
Evidence in civilian life is not facts, but known information about them. The court speaks about circumstances that are important for the case at hand or do not matter, analyzing:
- collection method;
- sufficiency;
- proximity to the topic of the trial.
The proof turns into a difficult logical and practical task, which is solved jointly by the persons taking part in the case.
Direct and indirect: what is it about
Distinguish between direct and indirect evidence. The division occurs based on the attitude to the specific circumstance under study. Direct indicates one degree, as the name implies, directly. The content of such evidence is the fact to be proved. A typical example: a witness who can tell in detail about a crime.
But the indirect points to the fact, but it is not obvious. A direct reference is made to some third fact, and as such a circumstance does not legally mean anything. Howeverconclusions allow us to assert that the desired fact has been found. On the example of a witness: if a person cannot say that he saw the perpetrator of the crime, but observed the one who ran away from the scene at about this time, you can draw the appropriate conclusions.
Features of judicial proceedings
According to the laws that distinguish different methods of proof, it is possible to present certain information not only to the parties involved in the analysis of events, but also to other persons involved in the process. This happens when the court addresses these persons: the court proposes to provide additional evidence in the case, if any. When the issue is difficult, the court can assist in gathering evidence and requesting information. This happens only upon a specially executed petition.
If you pay attention to the application form, you will notice that it is required without fail:
- formulate proof;
- clarify what circumstances need to be refuted;
- indicate the circumstances that should be confirmed;
- clarify what is the impact on the circumstances in the case, how they depend on what is supposed to be studied.
If the petition is satisfied, the court issues a request to the person who has the evidence. Sometimes a request is made to a party so that it receives proof. When the event is successfully completed, the evidence is submitted to the court or given personally to the person who owns the request.
BIn the event that a citizen is unable to provide evidence within a specific timeframe or cannot do so at all, he shall notify the appropriate authorities by an official letter. The law allocates 5 working days for this. Be sure to include all reasons why the subject cannot satisfy the court order.
Instead of output
Understanding the judicial system of the Russian Federation, we have to admit that it is not easy to navigate in all the subtleties and nuances without an appropriate education. However, if a citizen is a participant in some process, he should know the basic terms, understand how the proceedings take place and how evidence is obtained. This will help protect your interests. Remember that there is some evidence that cannot be accepted by the court. For example, this applies to a situation where a person testifies against himself.
