REGARDING JUDICIAL PRACTICE ON THE INADMISSION OF EVIDENCE OBTAINED AS A RESULT OF THE CONDUCT OF AN INVESTIGATIVE EXPERIMENT

Abstract

The article considered the positions of the Supreme Court, available in judicial practice, regarding the peculiarities of conducting such an investigative (search) action as an investigative experiment, failure to comply with which leads to the recognition of evidence obtained as a result of its conduct as inadmissible: during the conduct of an investigative experiment, there is an opportunity, but not an obligation connection between the involvement of the suspect and his defense attorney. In addition to the formal requirements for conducting an appropriate investigative (search) action, there are also substantive ones. Yes, despite the optional participation of the suspect in the investigative experiment, if its conduct is connected with the presence of certain external conditions, circumstances (weather, time of day, amount of lighting) of committing a criminal offense, which directly influenced the suspect's ability to analyze, make decisions and act – then he must necessarily take part in conducting an investigative experiment; not every violation of criminal procedural norms is a reason for recognizing the received evidence as inadmissible; the criminal procedural law establishes a clear criminal procedural form, including regarding the conduct of investigative (search) actions, failure to comply with which entails the recognition of evidence obtained as a result of its conduct as inadmissible; reproduction of the mechanism of committing a criminal offense, which is not related to the external/surrounding situation and conditions – can be carried out in a place convenient for the investigation; a feature that distinguishes an investigative experiment from an interrogation is the implementation of certain actions by the participants of the investigative experiment, which are the reproduction of actions, the situation, the circumstances of a certain event, the conduct of necessary experiments or tests aimed at checking and clarifying information that is important for establishing the circumstances of a criminal offense; courts, in their activity of evaluating evidence, should investigate and resolve complaints received from parties to criminal proceedings, and which call into question the compliance of the investigative (search) actions with the current legislation, including in the context of compliance with constitutional rights, freedoms and interests.