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CRIMINAL-PROCEDURAL CHARACTERISTICS OF ELEMENTS OF EVENT OF CRIMINAL OFFENSE THAT ARE SUBJECT TO PROOF IN CRIMINAL PROCEEDINGS

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 66)

Publication Date:

Authors : ;

Page : 107-113

Keywords : criminal proceedings; the event of a criminal offense; time; place; space; method; tools; means; proof; proving;

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Abstract

The article analyzes theoretical issues related to the criminal-procedural characteristics of the event of a criminal offense, which is subject to proof in criminal proceedings in accordance with paragraph 1 of part 1 of Article 91 of the Criminal Procedure Code. From the moment of the commission of a criminal offense between natural persons and the state in the person of authorized bodies, legal relations arise, which are terminated from the moment of full realization of criminal responsibility for the committed criminal offense. So that everyone who commits a criminal offense is prosecuted to the extent of their guilt, no one innocent is charged or convicted, no person is subjected to unreasonable procedural coercion, and that due process of law is applied to each participant in criminal proceedings, it is necessary to establish all the circumstances of the event of a criminal offense that are subject to proof in criminal proceedings. The essential and interconnected elements of the event of a criminal offense, which are included in the subject of proof in criminal proceedings, are analyzed. Based on the analysis of the current legislation, the criteria for proving the occurrence of a criminal offense, as well as the criminal procedural norms that regulate the process of proving it, have been determined. The article supports the position according to which, in the criminal procedural law of Ukraine, the event of a criminal offense and its elements are mandatory parts of the subject of proof in every criminal proceeding. Considered the reasoned theoretical and practical necessity of proving the event of a criminal offense and its elements in the subject of criminal procedural evidence and expressed understanding of its content.

Last modified: 2023-12-18 22:34:46