Video Recording As Evidence Of Violent Crimes In A Criminal Proceeding And Its Negative Impact On The Judge During Its Investigation In Trial

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Науковий ступінь

Рівень дисертації

Шифр та назва спеціальності

Рада захисту

Установа захисту

Науковий керівник/консультант

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Національний науковий центр «Інститут судових експертиз ім. Засл. проф. М.С. Бокаріуса»

Анотація

The article is devoted to the analysis of the phenomenon of violent crimes, including the examination of the statistics of such crimes committed in Ukraine during 2022, which make up more than half of the criminal cases sent to court. At the same time, during consideration of a criminal case involving a violent crime, the prosecution almost always presents evidence in the form of video materials, which are directly examined by the judge during the trial and undoubtedly have a negative impact on all participants of a criminal case, including judges. Considering the relevance of studying such an impact, the author performed an analysis of video recordings as evidence of committing a violent crime during examination of materials in trial. The paper is aimed to identify a negative influence of violence depicted in video materials on trial participants, particularly judges, which manifests itself in traumatic and prolonged traumatic stress. It eventually may lead to post-traumatic stress disorder. At the same time, measures to prevent and counteract such a stressful condition among judges are suggested.

Опис

ith the beginning of society’s large-scale digitization, portable video recorders have become accessible to an average citizen, and recording various events has become commonplace for us. Therefore, it is not surprising that video recordings are regularly included in materials of criminal proceedings as evidence of a person’s commission of crime. Filming is also frequently used during procedural actions at the stage of pre-trial investigation as well as during performance of duties by patrol police officers, etc. Despite different sources of origin, provided they meet the criteria of admissibility and adequacy outlined in Articles 85–86 of the Criminal Procedure Code of Ukraine, such video recorders can serve as evidence in a criminal proceeding and are subject to examination by the court during the trial.

Ключові слова

evidence, proof, video recording, video materials, documents, criminal procedure, traumatic stress, post-traumatic stress disorder

Бібліографічний опис

Barbash, D. (2023). Video Recording As Evidence Of Violent Crimes In A Criminal Proceeding And Its Negative Impact On The Judge During Its Investigation In Trial. Archives of Criminology and Forensic Sciences. 1 (7). 71-81. DOI: https://doi. org/10.32353/acfs.7.2023.05. P. 11.

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