Rossinsky S.B. Judicial Examination and Pre-Trial “Crypto Examination” of Evidence in a Criminal Case
DOI: https://doi.org/10.15688/lc.jvolsu.2025.2.11
Sergey B. Rossinsky, Doctor of Sciences (Jurisprudence), Professor, Chief Researcher, Department of Criminal Law, Criminal Procedure and Criminology, Institute of State and Law of the Russian Academy of Sciences, Znamenka St, 10, 119019 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3862-3188
Introduction: with this paper, the author continues the cycle of publications dealing with the examination of evidence as one of the components of criminal procedural proof; in particular, he returns to the problems raised in the paper previously published in the journal Legal Concept = Pravovaya Paradigma – “Judicial Investigation in A Criminal Case: Collection or Examination of Evidence?” The reasons that predetermined the obvious need for the legal regulation of judicial examination of evidence and the non-obviousness of such a need for pre-trial examination of evidence are considered. The purpose of the paper is to identify the doctrinal parallels between explicit judicial and hidden pre-trial examination of evidence in criminal proceedings. Methods: in preparing the paper, the general scientific research methods were used: the dialectical method of cognition, the method of system analysis, the formal logical methods, etc., as well as the special research methods: the formal legal method, the historical legal method, the method of comparative law, etc. The results of the conducted research allowed taking another step towards a comprehensive study of the phenomenon of examination of evidence in the general mechanism of criminal procedure evidence. Conclusions: 1) the most probable reasons for the legislator’s insufficiently attentive attitude to the phenomenon of examination of evidence are identified; 2) an acceptable explanation is found for the limited legislative regulation of examination of evidence exclusively at the judicial stages of criminal proceedings; 3) it is proved that it is impossible to limit the scope of application of the examination of evidence only to legal relations inherent in the judicial stages of criminal proceedings.
Key words: pre-trial proceedings, examination of evidence, preliminary investigation, collection of evidence, structure of evidence, judicial investigation.
Citation. Rossinsky S.B. Judicial Examination and Pre-Trial “Crypto Examination” of Evidence in a Criminal Case. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 2, pp. 84-91. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.2.11
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