Preliminary examination of evidence in criminal proceedings

The article is devoted to clarifying the essence of the preliminary examination of evidence in criminal proceedings and highlighting the main procedural and forensic means of this activity. It is emphasized that the processing of sources (carriers) of evidentiary information and the extraction of relevant data from them is carried out by the parties to the proof both in the courtroom (judicial examination) and beyond it. A departure from the classical narrow approach to interpreting the concept of “preliminary examination” is proposed. It is argued that the totality of non-judicial, non-expert practical actions and cognitive operations performed by the parties to the proof, aimed at processing the sources (carriers) of evidentiary information, obtaining and clarifying the content of information about circumstances relevant to criminal proceedings, should be considered as a preliminary examination of evidence. The objects, subjects, and subject matter of the preliminary examination of evidence are defined, and this activity is classified according to several procedurally and forensically significant criteria. A distinction is drawn between preliminary, expert, and judicial examination of evidence. It is emphasized that direct preliminary examination of evidence is carried out through organoleptic perception of the characteristics of relevant primary sources (carriers) of evidentiary information, while indirect examination is conducted by reviewing derivative evidence that contains information about the original object. It is shown that the main procedural means of preliminary examination of physical objects, documents, corpses, and computer data is inspection; of a living person’s body – human body inspection, investigative experiment, and line-up. It is emphasized that ideal traces preserved in a person’s memory are examined simultaneously with their collection during interrogation and a range of mixed investigative (search) actions. It is substantiated that the parties to the proof may examine evidence in non-procedural forms as well (with certain exceptions). Forms of preliminary examination also include familiarization with evidence disclosed by the other party in accordance with Articles 184, 221, and 290 of the Criminal Procedure Code of Ukraine. The article emphasizes the prospects for the scientific development of procedural and forensic means of judicial examination of evidence.