PROVING THE CIRCUMSTANCES OF A CRIMINAL OFFENSE BY AN INVESTIGATOR

Abstract

Introduction. The article investigates the problem of proving the circumstances of a criminal offense by investigators. The procedural powers of the investigator are defined in such a way that the investigator makes all decisions on investigative (search) actions, except when the law provides for obtaining approval from the prosecutor or sanctions from the investigating judge and is fully responsible for their legality. After obtaining the factual data, consolidating them as evidence, the investigator must evaluate all the evidence according to his inner convictions. The investigator must be sure that the criminal offense was committed by the suspect. If he has doubts about the commission of a criminal offense by a certain suspect, he must seek evidence of both guilt and innocence.

Summary of the main research results. It is proposed to establish the limits of proving a criminal offense on the basis of regulatory support of the Criminal Code of Ukraine. The elements of the limits of proof of a criminal offense include the fact of the criminal offense, factual data, information about the facts and procedurally established evidence indicating the guilt of the suspect. It is important to note that the limits of proof must be based not only on the circumstances of the criminal offense, but also on the circumstances that affect the severity of the criminal offense or are grounds for exemption from criminal liability.

Conclusions. It is proposed to amend the CPC of Ukraine and establish a mechanism for procedural guidance of the investigator during the operational and investigative activities of operational units. The investigator's activity in determining the subject and limits of evidence in the pre-trial investigation can be improved by improving his procedural status. To this end, it is advisable to strengthen the procedural independence of the investigator, respectively, reducing his dependence on the prosecutor in terms of evaluating the evidence on key issues of pre-trial investigation. Other ways to improve the current legislation of Ukraine are proposed.