Separate provisions of the procedural regulations for the taking of testimony from technical devices and technical means that have the functions of photo, film, video recording or photo, film, video recording
DOI:
https://doi.org/10.15330/apiclu.67.1.25-1.34Keywords:
investigative (search) actions, evidence, criminal proceedings, pre-trial investigation, road accident.Abstract
The article is devoted to a comprehensive analysis of individual aspects of the procedural regulation of conducting an investigative (detective) action related to taking testimony from technical devices and technical means that have the functions of photography, film shooting, video recording, or means of photography, film shooting, video recording. It examines the legislative framework of Ukraine, in particular the provisions of the Criminal Procedure Code that regulate the procedure for obtaining, using and documenting such materials. Attention is drawn to the regulatory legal acts that determine the algorithm of actions for recording information using technical means, and the importance of ensuring legal certainty in this area is emphasized.
Separately, the issues of factual and procedural grounds for carrying out this investigative (detective) action are highlighted. Situations in which there is a need to take testimony from technical means are considered, and the conditions that must be met for its legal conduct are determined. It is noted that one of the key goals of such actions is to ensure the completeness and objectivity of the evidence base used in criminal proceedings.
The article reveals a wide range of technical devices that can be involved in recording information, including video surveillance cameras, mobile devices, specialized photo and film equipment. The technical requirements for such devices, the features of their operation and the legal aspects of using the obtained materials as evidence in court are considered.
The importance of proper documentation of the results of the use of technical means, including the preparation of protocols and other procedural documents, is also emphasized. Recommendations are provided for improving the methods of recording and evaluating the obtained video materials, in particular in the context of their authenticity and compliance with procedural norms.
The article is relevant in modern conditions, when the importance of technical means in criminal proceedings is constantly growing. It aims to contribute to increasing the efficiency of law enforcement, ensuring legality during investigative (search) actions and strengthening confidence in the results of criminal proceedings.