ACCESS TO THE CRIMINAL PROCEDURE MEANS OF RESTORING THE RIGHTS OF THE VICTIM AT THE BEGINNING OF THE PRE-TRIAL INVESTIGATION

Authors

  • Денис Александрович Финк

DOI:

https://doi.org/10.52026/2788-5291_2022_71_4_117

Keywords:

the victim, the applicant, the eyewitness, the protocol of providing objects and documents, digital media, digital devices, explanation

Abstract

The introduction of sources of criminal procedural information in electronic form (on digital media) into the criminal process necessitates the development of appropriate ways to reflect, preserve and reproduce information about the event of a criminal offense in order to establish the truth in the case - copying electronic information.

In order to protect the rights of victims of criminal offenses, the legal status of persons with information legally relevant to the disclosure or investigation of a criminal offense, it is proposed to introduce norms into the criminal procedure law that allow, in urgent conditions, to fix the information received from the applicant (victim, eyewitness) in a procedural manner. As a basis, it is proposed to adopt the procedure provided for by the CPC of the Republic of Kazakhstan for conducting an oral interview by a lawyer of a person who probably has information related to a criminal case. The results of the survey are issued with a certificate indicating: surname, first name, patronymic (if any), place of residence or work of the person being interviewed, a document certifying his identity; motives for giving explanations and attitude to the victim (for applicants and an eyewitness); the right to refuse to give explanations against himself, spouse and close relatives and the obligation to appear at the call of the criminal prosecution authority or the court; the source of awareness of the reported or transmitted information; the time and place of compilation.

Access to criminal procedural means of restoring the rights of the victim violated by the crime should be provided not only to applicants, victims and eyewitnesses of the crime, but also to guilty persons who wish to voluntarily contact law enforcement agencies and issue items or documents incriminating them in the crime committed, containing information about the circumstances that allow not to involve those who have turned themselves in criminal responsibility or mitigating their criminal liability and punishment.

Published

29.12.2022

How to Cite

Финк, Д. А. (2022). ACCESS TO THE CRIMINAL PROCEDURE MEANS OF RESTORING THE RIGHTS OF THE VICTIM AT THE BEGINNING OF THE PRE-TRIAL INVESTIGATION. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(71). https://doi.org/10.52026/2788-5291_2022_71_4_117