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Stetsenko Y.V. The Criminal Procedure Aspects Of The Versions Suggestion And Verification

This article is concerned with research of the criminal procedure aspects of the versions suggestion and verification. The author accentuates that the definition «objectivity» in criminal procedure science had great impact on the criminalistics theory about versions. The term «objectivity» is widely used both in the theory and in the enforcement of law. The objective truth principle in criminal proceedings was fundamental principle for judges, prosecutors, investigators. This principle remains in force for them till now though new Code of criminal procedure of Ukraine was passed in 2012 without objective truth principle.

It must be said that nowadays the objective truth principle entails many problems in enforcement of law in Ukraine. The investigators obtained exclusive control of the crime investigation, including the versions suggestion. This activity concerns the rights of the other participants of legal proceedings (the victim and his/her representative, the accused, the counsel for the defense). The author comes to conclusion that these participants of legal proceedings should be involved in the investigator's activity of the suggestion and verification the versions about committed crime. Some of these versions can be reasonable. It demands the proper investigative actions for their verification.

The plan of investigation must be in written form in all criminal cases according Ukrainian subordinate legislation. It's an investigator's duty that must be done. But many of them ignore this. Such current state breaks the rights of the victim and other participants in legal proceedings because the versions of the investigator can not be verified. It calls in question the productivity capacity of the investigation. The victim and his or her representative, the accused, the counsel for the defense have right to be involved in the criminal proceedings and to get particulars about results of the pre-trial investigation.

The author offers to revise the attitude to the investigator's predominance of the versions suggestion in criminal process. Effective control on the investigator's activity for verification of all possible versions must be established.

The full text of this article is available in Ukrainion version.