PROBLEMATIC ISSUES OF COLLECTING AND USING DOCUMENTS AS EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

During the study, problematic issues related to the collection and use of documents as sources of evidence in criminal proceedings were outlined. It was determined that in modern criminal proceedings, documents occupy an important place among sources of evidence. Their use allows for the establishment of facts that are significant for resolving the case, as well as contributing to the disclosure of circumstances surrounding the offense. However, the process of collecting, verifying, and using documents in criminal proceedings is accompanied by a number of complex issues related to their authenticity, admissibility, legality of acquisition, and proper evaluation in court. Criteria were outlined to distinguish between the concepts of “documents as sources of evidence” and “documents as physical evidence”. It was emphasized that in criminal proceedings, the most common documents used as sources of evidence are in written form. The study highlighted that electronic documents are widely used in law enforcement activities, particularly in cases involving crimes committed using computers, systems, and networks, among other things. It was established that a document, as one of the procedural sources of evidence, is a material object specially created to preserve information, containing data recorded through written signs, sounds, images, etc., which can be used as evidence of facts or circumstances established during the criminal proceedings and significant for the case. It must meet the requirements of relevance, admissibility, authenticity, and sufficiency. In conclusion, it was noted that the problematic issues of collecting and using documents as sources of evidence in criminal proceedings are determined by several factors, including technical, legal, and ethical nuances. On the one hand, it is necessary to consider a wide range of various documents and their formats to ensure the completeness and objectivity of the investigation. On the other hand, it is important to adhere to the principles of legitimacy, confidentiality, and legal validity when collecting and using documents, in order to avoid violations of individuals' rights and ensure a fair judicial process.