On the issue of the need to fill in evidence that has been declared inadmissible

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Authors: Elena V. Bryanskaya
Cited by: 0
References: 1

Abstract

Relevance. In criminal proceedings, all evidence must be admissible. We raise the question: should information obtained with errors always lose its procedural validity and be excluded from the overall evidence assessment Purpose: in the light of the results of the analysis of the criminal procedure literature, judicial practice, to substantiate the possibility of filling in individual evidence, which is recognized as inadmissible.Objectives: to analyze the grounds for the recognition of evidence as inadmissible; to reveal the signs of significant and insignificant procedural violations of the law, which are laid in the basis of the recognition of evidence as inadmissible; to analyze the means of filling in evidence previously recognized by the court as inadmissible.Methodology. The methodological basis of the study was formed by means of studying legislative sources, judicial and investigative practice, monographic and periodical literature. Thus, general scientific and specific methods of cognition were applied, such as: analysis, synthesis, generalization, which made it possible to apply a comprehensive approach to the problem of forming the procedural force of evidence and its admissibility.The results suggest that sufficient attention is currently being paid to those procedural errors that may serve as the basis for recognizing evidence as inadmissible. We present methods and variable possibilities for supplementing evidence in order to give it procedural force for evaluation in the overall body of evidence and the adoption of a legal, objective and fair decision on the case.Conclusion: Current legislation does not meet the requirements of modern law enforcement. In particular, in judicial practice, there are facts of recognizing evidence as inadmissible, which is why we conducted an analysis and believe that in situations where the investigation makes mistakes that do not limit the constitutional rights of participants in a criminal case, but based on this fact, it was decided to recognize the information received as inadmissible, they can be corrected and filled in its evidentiary value in the judicial review of the criminal case on the merits.

Fields of Study & Subjects

Legal processes and jurisprudence Criminal Law and Evidence Education Law and Society

Publication details

Journal / source
Proceedings of the Southwest State University Series History and Law
Volume
15
Issue
6
Pages
124–134
Publication date
28 January 2026
Language
EN