Determining the Content and Resolution of Material Evidence in a Criminal Case

Judicial decisions in criminal cases require clear formulation regarding the handling of physical evidence. Law enforcement agencies or other entities responsible for storing physical evidence, as mandated by court decisions, must take appropriate measures to execute these judicial decisions within the deadlines set by the court. This norm is intended to regulate issues related to ensuring the proper execution of judicial decisions in accordance with legislative timelines. However, judicial practice often encounters instances of improper resolution concerning the recognition and safeguarding of physical evidence, which subsequently diminishes the quality of decisions made by first-instance courts. The author investigates the legal nature of physical evidence and the responsibility of authorized individuals for the proper storage of such evidence during preliminary investigations and after a court verdict is rendered. The aim of this study is to clarify the nature of physical evidence in criminal cases, which is also outlined in civil legislation regarding the storage of such evidence. In order to study the reasons for the decrease in quality of examined criminal cases, the author conducts an analysis of the content of reviews of judicial practice concerning criminal cases with guilty verdicts that have been deemed unsound by higher courts due to violations committed by first-instance courts and practical errors made by investigative bodies. To address these violations, an analysis of internal local acts of general jurisdiction courts is conducted, focusing on the subsequent handling of physical evidence that has been transferred for storage. The studied regulations governing the storage of physical evidence in criminal cases are designed to regulate the relationships between law enforcement and judicial bodies concerning proper documentation processes related to physical evidence. Further research into the content and resolution of physical evidence in criminal cases may serve as a foundation for a more detailed analysis of unresolved criminal cases regarding the fate of physical evidence.

1. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ // “RossiyskayaGazeta” of December 22, 2001 No. 249.

2. Part Two of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ // Collection of Legislation of the Russian Federation of January 29, 1996 No. 5, Article 410.

3. Kravchenko A. O. Issues of storing material evidence in criminal proceedings // Actual problems of investigation and prevention of crimes. – Penza: ICNS “Science and Enlightenment”, 2017. – P. 75 – 87.

4. ShirshovYa. O. Problems of legal regulation of the organization of storage and transfer of material evidence in criminal cases // Jurisprudence, state and law – Penza: ICNS “Science and Enlightenment”, 2022. – P. 50 – 55.

5. Order of the Judicial Department under the Supreme Court of the Russian Federation of April 29, 2003 No. 36 “On approval of the Instruction on court record keeping in the district court” // “RossiyskayaGazeta” of November 5, 2004 No. 246.

6. Review of judicial practice of the Supreme Court of the Russian Federation No. 3 (2023) // Official website of the Supreme Court of the Russian Federation Internet resource: https://vsrf.ru/documents/practice/33172/

7. Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2023) // Official website of the Supreme Court of the Russian Federation Internet resource: https://vsrf.ru/documents/practice/32658/