SUBJECT OF EVIDENCE IN CRIMINAL OFFENCES AGAINST PERSON LIFE AND HEALTH

Abstract

The article substantiates the thesis that for criminal offenses against the life
and health of a person, the unifying factor is a generic object, based on the
features of the specific object they can be classified into those related to the
protection of the life of a person and those associated with the protection of
human health, but despite this, most of them differ in several other criminal-legal
and forensically significant features. It is substantiated that these circumstances
allow us to state the specific features of the procedure for proving the group of
criminal offenses against the life and health of a person. It was found that despite
the significant contribution of proceduralists to the development of the problem
of proof, the issues of evidence and trial of criminal offenses against the life and
health of a person have still been ignored, the investigation and prosecution of
which, under the conditions of special legal regimes, has been significantly
complicated by several objective factors.
The generalization of theoretical approaches to understanding the essence
of proof and its substantive components as a procedural activity became the basis for formulating the thesis about the need to differentiate its external and internal
content, the inexpediency of referring to the fact that the burden of proof lies
exclusively with the prosecution because it primarily significantly limits the
essence of the proof procedure. Moreover, the trial is not simply engaged in
collecting evidence of the person's guilt and "accusing". Still, it is involved in
clarifying all the circumstances related to the event of a criminal offense and
providing them with a criminal-legal assessment.