The using of hearsay evidence in proving the facts of domestic and sexual violence in criminal proceedings: certain issues of normative regulation and law enforcement

The article is devoted to the study of issues of normative regulation and practice of using of hearsay in proving the facts of domestic and sexual violence in criminal proceedings. The author aims to identify potential directions for expanding the boundaries of using of hearsay in criminal proceedings against criminal offenses related to domestic and sexual violence, as well as the formulation of proposals for their normative ensurance at the level of the CPC of Ukraine. The increased use of hearsay testimony is seen as a step towards diversifying the sources of information on criminal offences related to domestic or sexual violence, the need for which is recognized at the level of international standards. It is due to the latency of the relevant criminal offenses, the specific situation of their commission, as well as the vulnerability of the victims of such acts. It is emphasized that in this category of criminal proceedings, the courts are faced with the problems of distinguishing the actual circumstances relating to the circumstances of the commission of a criminal offense, the consequences of its commission and the situation that took place after its commission, as well as the choice of a relevant approach to the assessment of evidence that confirms them. The corresponding judicial practice is given. Some law enforcement approaches to the collection and verification of hearsay in criminal proceedings, in particular, on the application of restrictions provided by Part 7 of Art. 97 of the CPC of Ukraine, as well as interrogation as a witness of a specialist who participated in investigative (search) actions and carried out psychological diagnosis of a minor witness or victim. The author’s conclusions on their compliance with the requirements of the CPC of Ukraine are formulated. According to the results of the study, the conclusion is formulated that the main problems of using hearsay in proving the facts of domestic and sexual violence at the level of law enforcement are as follows: 1) incorrect identification of hearsay and incorrect determination of their evidence value; 2) incorrect determination of the circle of persons in respect of whom the restriction on the use of hearsay applies, provided for by Part 7 of Article 97 of the CPC of Ukraine; 3) search for a correct approach to the assessment of the testimony of a psychologist who participated in the investigation (search) action and carried out psychological diagnosis of the victim or witness of domestic or sexual violence. Proposals have been formulated to make additions to the CPC of Ukraine, aimed at expanding the possibilities of using of hearsay in proving the facts of domestic and sexual violence in criminal proceedings.