TAKING OF EVIDENCE IN THE CRIMINAL INVESTIGATION PHASE

Evidence taking is a complex work, it must be carried out in accordance with all due process guarantees and must not deviate from the principles governing the criminal trial. The way in which evidence is taken and assessed during the criminal investigation phase is an important aspect, the criminal investigation phase being the basis of the criminal trial. In the prosecution phase, evidence is sought and found, and depending on the standard of proof, the prosecution authorities make judgments on the prosecution, interpreting the evidence and applying procedural measures. In this paper I intend to provide a detailed analysis of the process of assessing the standard of proof depending on each stage of the criminal prosecution phase, within this analysis I will conduct a theoretical and practical debate on how the prosecution bodies make assessments on the condition of evidence when taking certain procedural measures or changing the quality of the person against whom the accusation is made, and finally I will make proposals on the existing ambiguities in the criminal procedural legislation.