Proof - what are we talking about and what does this term mean? We are used to the word and use it in everyday life, without even thinking about what legally proof is.
Types and Features
There are several main groups of this concept:
- scientific;
- legal;
- mundane.
In addition to those listed, there are others that are less common in life. So many kinds of evidence can be invented, how many ways of knowing the truth have been invented by people.
Judicial and logical are two fundamentally different groups of evidence. Boolean involves clarifying the conclusion with a check of how it corresponds to the truth. The essence of the proof is to verify the truth using the tool facts. If we talk about legal subtleties, then a fact can be obtained if one proves a certain hypothesis. Thus, a fact cannot be an instrument; a trace plays its role.
Each action leaves a mark. This law, called the "theory of reflection", is the basis of the modern theory of evidence.
Legal proof
Understanding what evidence is from the point of view of lawyers, one must remember that not every trace can be used in the process. There are several well-known requirements for which every potential trace is checked. The requirements of the civil, criminal code vary.
First requirement
It is permissible to collect evidence solely so that the law is not violated. But when it comes to criminal proceedings, the situation changes somewhat. Here, the activity of obtaining traces is considered a criminal procedure, where to start a case, then you need to go through the rest of the steps. Civil cases oblige you to look for traces before or outside the process.
It must be understood that there are such types of evidence that it is simply impossible to detect outside the process. A typical example is examination. It can be appointed by the court, and the result is used in a specific case. Knowing what such evidence is, it becomes clear that the testimonies of the witnesses belong to the group of those that can only be obtained during the investigation. On the side you can get a variety of materials, substances, objects, audio recordings and video materials. It is permissible that traces be collected when the case has already been put into production, and the search takes place in isolation from the actual events in court.
Limitations and possibilities of investigation
Signs of evidence indicate that if specific evidence was obtained in the commission of unlawful acts, it is considered unacceptable and cannot be included in the case. This applies to the penal code. The situation is different with civil cases.
Violation of the law in this situation is a crime of procedural law. Here we are talking about the fact that freedom and human rights were violated during the investigation.
There are two key concepts:
- trace formation mechanism;
- evidence collection mechanism.
Each of them is immaculate or vicious. What is evidence flawed in trace formation? This is a situation where the rights and freedoms of a certain person were violated already at the stage of creating evidence.
Second requirement
The second requirement presented by the laws of our country for evidence is a source open to the court. This is stated in articles numbered 69, 77: if the witness is not able to indicate where the information came from, if it is not known when and who recorded the media file, it cannot be said that such evidence is admissible for acceptance into record keeping.
Third requirement
This requirement is the last, if you follow the legislation of the Russian Federation. It will be about the study mode. Article 157 is devoted to the issue, stating that it is necessary to hear and interrogate all witnesses, be sure to carefully study the written evidence, view and listen to any media files available in the case. The mode in which each of the items is examined is selected based on the requirements of the law and in accordance with the principle of immediacy. The Civil Law Code governs the formation of a research regime based on the human senses.
Court of Arbitration
If the arbitration court took charge of the case, the person taking part in the process and referring to some evidence must prove it. Thus, the importance of concrete evidence increases, since its validity may be key to the outcome.
Civil evidence is not facts, but information known about them. The court talks about circumstances that are important for the case in question or do not matter, analyzing:
- collection method;
- sufficiency;
- proximity to the topics of the trial.
The proof turns into a difficult logical and practical task, which is solved jointly by the persons participating in the case.
Direct and indirect: what are we talking about
Allocate direct evidence and indirect. Separation occurs on the basis of the relation to the particular studied circumstance. The direct points in one step, as the name implies, directly. The content of such evidence is a fact that must be proved. A typical example: a witness who can tell in detail about a crime.
But the indirect fact indicates, but not obvious. A direct reference is made to some third fact, and as such a circumstance legally does not mean anything. However, the findings suggest that the desired fact was found. For example, with a witness: if a person cannot say that he saw the perpetrator of the crime, but observed the one who escaped from the scene at about that time, we can draw the appropriate conclusions.
Features of litigation
According to the laws distinguishing different methods of proof, it is possible to provide this or that information not only to the parties involved in the analysis of events, but also to other persons involved in the process. This happens when the court appeals to these persons: the court proposes to submit additional evidence in the case, if any. When the issue is difficult, the court can help gather evidence and seek information. This happens only on a specially executed application.
If you pay attention to the application form, you will notice that it is mandatory:
- formulate evidence;
- clarify what circumstances need to be refuted;
- indicate the circumstances that should be confirmed;
- clarify what is the effect on the circumstances of the case, how they depend on what is supposed to be studied.
If the application is satisfied by the court, a request is issued to the person with the evidence. Sometimes a request is made to a party so that she receives a proof. When the event has successfully completed, the evidence is submitted to the court or given personally to the person who owns the request.
In the case when a citizen is not able to present evidence in a specific time frame or cannot do it at all, he notifies the relevant authorities with an official letter. The law sets aside 5 working days for this. Be sure to indicate all the reasons why the entity cannot satisfy the court claim.
Instead of output
Understanding the judicial system of the Russian Federation, one has to admit that without an appropriate education in all the intricacies and nuances it is not easy to navigate. However, if a citizen is a participant in a certain process, he should know the basic terms, understand how the proceedings are conducted and how they obtain evidence. This will help to defend their interests. Remember that there is some evidence that cannot be accepted by the court. For example, this applies to a situation where a person testifies against himself.