CIRCUMSTANCES SUBJECT TO PROOF OF CRIMINAL PROCEEDINGS ON THE LEGAL ENTITY
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The purpose of criminal procedural knowledge is to obtain information about circumstances that are subject to proof in criminal proceedings. What is important is that during the proceedings, competent state bodies and persons from all flow of information about the properties, status, features of the object of cognition highlight the most important legally significant information about the facts, the amount of which should be sufficient to solve the tasks of criminal proceedings. The essence of such circumstances is the subject of evidence, which is defined in the Criminal Procedure Code of Ukraine.Facts and circumstances analysis what is the subject to be proven in a criminal proceeding concerning a juridical person gives grounds for concluding that it is necessary to distinguish in the theory of criminal procedural law such a kind of subject of proof as a “special-derivative” inherent in a criminal proceeding concerning juridical person. It is special because it differs from the content and range of circumstances to be proved in this type of proceedings, compared with the general one. Derivative – because the need for its formation depends entirely on the presence of a criminal offense in the actions of the authorized individual and the lack of grounds for closing the criminal proceedings against her.System analysis of the provisions of the criminal and criminal procedural laws makes it possible to distinguish the elements of the subject of evidence in a criminal proceeding against a legal entity, which should be consolidated in a separate article of the Criminal Procedural Code of Ukraine: “Circumstances to be established in a criminal proceeding against the juridical person”.
Authors and Affiliations
О. В. Панченко
Keywords
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