The history of formation of the criminal liability for falsification of evidence
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2016, Vol 1, Issue
Abstract
The author notes that some "beginnings" countering falsification of evidence contained in the first written sources of law of Kievan Rus - "n Truth". According to this landmark evidence were: personal confession; Vidocq evidence (witnesses) who were considered witnesses of fact and obedience - so-called respectable witnesses. A significant event in the development of criminal law on combating falsification of evidence was the publication in 1845 of the Penal Code penal and correctional (hereinafter - the Code), which in fact was the first prosecution. Its rules quite clearly defined set of objective and subjective signs of forgery. According to the Criminal Law in 1903 assumed responsibility for the falsification of evidence, not just documents. A of the Criminal Code 1922, 1927 and 1960 rules, which included responsibility for the falsification of evidence contained in the various sections and chapters. As in the current Criminal Code of Ukraine also no special article that establishes liability for falsification of evidence, it is necessary to conduct training of these other items are placed in the three sections of the Special Part of the Code, namely Articles 357, 358 of the Criminal Code are included in Chapter XV «Crimes against the credibility of public authorities, local governments, NGOs and crimes against journalists' articles 364-366 of the Criminal Code - Section XVII «Crimes in service activities and professional activities related to the provision of public services" and Articles 373, 384, 386 of the Criminal Code - Section XVIII «Crimes against justice." It is established that under the current Criminal Code criminalized conduct a series of official documents and their forgery, committed a common crime subject (Articles 357, 358 CC), unlike the previous Criminal Code. Also legislator in ch. 2, Art. 384 CC first coined the term "artificial creation of evidence of protection" as a kind of falsification of evidence. Based on the research the author draws attention to the national legislature the legislative provisions of the relevant historical periods to improve standards in combating CC falsifying evidence.
Authors and Affiliations
В. М. Нікітенко
Keywords
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