FEATURES OF THE PROOF AND TRIAL OF CRIMES AGAINST LAW ENFORCEMENT OFFICERS IN THE COURT OF FIRST INSTANCE

Abstract

The article formulates the concept of criminal procedural proof of crimes
committed against law enforcement officers in court proceedings in the first
instance. It was determined that the court in adversarial criminal proceedings is
an independent, impartial and disinterested participant in the results of the
proceedings, who performs a number of functions related to the organization of
the evidence process and the implementation of control and ensuring its
effectiveness, compliance with procedural procedures provided for by law. It has
been found that the trial of crimes against law enforcement officers in the court of
first instance is usually carried out in a simplified form, because being aware of
the illegality of their actions, the indisputable evidence of guilt and the severity of
the potential punishment, the accused admit their guilt and sincerely repent. At
the same time, and under such conditions, it is important to ensure compliance
with a number of principles, namely: 1) create conditions for competition and
equality of the parties, freedom in presenting their evidence and in proving their
persuasiveness before the court, independent defense of their legal positions by
the parties; 2) find out the opinion of the parties regarding the possibility of a
simplified trial; 3) determine the scope and order of research of evidence in thecourt session; 4) examine the evidence characterizing the accused person.