Hearsay testimony as the evidence in the criminal and procedural legislation


  • T. Chasova Kiev professional pedagogical college named Antony Makarenka
  • S. Podhorets Prosecutor of the Specialized Anti-Corruption Prosecutors office
Keywords: hearsay testimony; source of evidence; admissibility; criminal proceedings; pre-trial investigation; trial

Abstract

The article deals with such a kind of evidence as hearsay testimony and the possibility of considering such evidence in criminal proceedings during the pre-trial investigation and trial. The issue for obtaining and documenting the hearsay testimony, determination of their authenticity and possibilities of use when making a lawful decision by the court is examined. Herein, attention is paid to the authenticity of the evidence received and its admissibility at the stage of research and direct receipt by the court. The position of the European Court of Human Rights regarding the assessment and acceptance of hearsay testimony has been analyzed. The purpose of the scientific article is to establish a procedure for obtaining the above-mentioned kind of evidence, their procedurally correct fixing and further analysis by the court and admissibility. The article defines the main methods of the research, such as: structural and system methods, induction method.

References

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Published
2018-04-30
How to Cite
Chasova, T., & Podhorets, S. (2018). Hearsay testimony as the evidence in the criminal and procedural legislation. Fundamental and Applied Researches in Practice of Leading Scientific Schools, 26(2), 271-274. Retrieved from https://farplss.org/index.php/journal/article/view/343