DIRECTIONS FOR THE USING OF INFORMATION AND ANALYTICAL METHODS OF RECORDING, EVALUATING AND PROCESSING EVIDENCE AT THE STAGE OF PRE-TRIAL INVESTIGATION

Abstract

Havinganalyzed the main directions of the use of information and analytical methods of accounting, evaluation and processing of evidence within the framework of the concept of Electronic Criminal Proceedings, and reached the following conclusions. The collection of evidence and its further use in the process of proof are the main activities of the pre-trial investigation bodies in criminal proceedings. The outcome of criminal proceedings depends on how well the procedure for collecting evidence is maintained and how it will be assessed by the investigation and the court.
Procedural errors during investigative actions, violation of decisionmaking deadlines are common during pre-trial investigation. This may lead to the recognition of a number of evidence collected as inadmissible or inappropriate. The use of the information and analytical system as a basic component of the concept of electronic criminal proceedings can correct such a situation. The article proposes methods of accounting, classification of all evidence and its sources in the electronic system. In addition, methods of their automatic evaluation are considered. According to the criterion of admissibility, it isproposed to evaluate evidence by analysing its sources, monitoring the process of carrying out appropriate investigations, monitoring all factors that may affect the recognition of evidence as inadmissible. In order to evaluate the evidence by the criterion of suitability, it is proposed to develop an algorithm by which the investigator or prosecutor will be able to indicate for what purposes it is possible to use the evidence in the proof process. Thanks to such solutions, ways have been found that help to ensure that the prosecution side does not use unacceptable or inappropriate evidence in criminal proceedings. This means improving the quality and effectiveness of criminal prosecutions.