ББК 67 Право. Юридические науки
В статье рассматриваются особенности и виды доказательства по делам об изнасиловании.
доказательство, уголовное дело, изнасилование
Based on the provisions of the CPC SRV and the theory of criminal procedure, evidence in rape cases means any information that is obtained in the criminal procedure, on the basis of which the judge, prosecutor, investigator determine the presence or absence of rape; the subject of the crime and other circumstances relevant to the criminal case of rape.
Depending on the characteristics of the evidence and the criminal characteristics of the rape, the evidence in criminal cases of rape has the following features [1]:
First, evidence in criminal cases of rape must be objective, interrelated and lawful.
Objectivity means that the evidence in criminal cases of rape must exist in the objective world. They reflect sexual intercourse with the use of violence or with the threat of violence, or the use of the helpless State of the victim (victim), or in another way.
Coherence means that the evidence must relate to a friend to a friend and to a criminal rape case. In addition, the evidence must prove the rape, the subject of the rape, and other facts necessary to resolve the case.
Legality means that evidence must be obtained in accordance with strict criminal procedure and in accordance with the norms of other laws.
Secondly, evidence in criminal cases of rape has special characteristics.
As evidence in criminal cases, they admit [2]:
– materials, traceological traces were found at the scene of the incident, on the body of the victim (victim), on the body of the suspect. For example: traces reflect the fact of a struggle, the fact of the use of violence (traces of a broken, traces of disorder, traces of a scratch on the body of a victim, suspect, traces of blood, semen, saliva, hair, etc.), instruments of crime (knife, shelf, anesthesia, aphrodisiacs etc.).
– testimony of the victim (victim), witness, relatives of the victim, suspect, accused, defendant, persons who have the right and duty in a criminal case. The interrogation protocol should include: the identity of the person reporting the crime, the attitude towards the victim, suspect, accused, defendant, who committed the crime, the fact of the crime, the way it was committed. This information reflects the characteristics of rape and is very important for a criminal case.
– evidence in the form of an expert opinion, a certificate of the degree of harm to health. Such evidence is very important and obligatory in the investigation of rape. The content of the expert opinion, evidence of the degree of harm to health often reflects the degree of harm to health, DNA, traces of intercourse in the penis, venereal disease, fingerprints, etc. Such information reflects the identification between the suspect and the criminal, the relationship between the criminal and the scene.
So, when committing rape, a person can harm property, or steal it. In this situation, the investigator needs to determine the amount of harm in order to qualify other crimes committed by the offender, as well as to compensate for such harm.
– protocol of procedural actions, other documents and other material evidence reflect the progress of investigative and judicial actions. Based on the forensic characteristics of rape, this evidence also has some specific characteristics of a criminal group that infringes upon honor and dignity, such as: identification protocol, confrontation protocol, examination, search and seizure protocol.
– evidence in electronic form, for example: photographs, videos, sound recordings, which are carried and stored in an electronic medium. Such information can be obtained in a home or travel camera, on the phone of a suspect, a victim, etc. When using such evidence, the investigator, the judge can become a criminal act, the way of hiding the criminal, the location of the criminal and evidence, establish the identity, signs of the criminal, the instrument of the crime, etc. such information plays a very important role in the investigation of rape.
Evidence in rape cases has specific characteristics. In determining such characteristics of evidence, the investigator, the judge can correctly, effectively detect, check, evaluate and use them.
1. Criminal Code of the Socialist Republic of Vietnam SRV 2015.
2. Code of Criminal Procedure of the Socialist Republic of Vietnam 2015.
