ON THE CONCEPT OF DIRECTNESS IN CRIMINAL PROCEEDING

Abstract

In Russia, over 148 years, had a system of formal proofs. The legislator himself defined
the meaning and importance of each evidence. Charter of criminal proceedings in
principle secured a new position – «The judges must determine the guilt or innocence of the
defendant by inner conviction».
There was a need to develop rules «direct examination of forensic evidence». This requirement
of the law to the judge about the need to examine evidence submitted by the parties,
after hearing their point of view and come to sound logical conclusion. In those cases
where «the defendant does not raise any doubt, the court, without making further research,
could go to the final debate» (Art. 681 UUS).
In the Soviet era the emphasis in the concept of «direct examination of evidence» was
replaced with «direct perception». This has allowed to assume that «the immediacy examination
of evidence» takes place not only during the judicial investigation but preliminary.
This position has led to the fact that according to the article. 240 Code of Criminal Procedure
excluded any examination of evidence in criminal cases under Section X of this Code.
Formulated a new definition of the concept. Displaying the fundamental difference between
«direct perception» from «direct examination of the evidence», it is proposed to exclude
from the part 1 st.240 Code of Criminal Procedure the expression «except as provided
for in Section X». Chapter 40 and 40.1 of the RF Code of Criminal Procedure supplemented
by provisions similar to the content of Art. 680 and 681 UUS. This will allow the
court to ensure the correctness of his decision.