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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Дата
Автори
DOI
Науковий ступінь
Рівень дисертації
Шифр та назва спеціальності
Рада захисту
Установа захисту
Науковий керівник/консультант
Члени комітету
Назва журналу
Номер ISSN
Назва тому
Видавець
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.
