The implementation of the principle of respect for human dignity in the process of criminal procedural evidence

Abstract

There were established the general principles of criminal proceedings for the first time at the level of a separate structural unit (Chapter 2) by the Criminal Procedural Code of Ukraine, 2012 (hereinafter - CPC), including the principle of respect for human dignity (Article 11 of the CPC). The normative content of this principle is to prohibit the use of unlawful compulsion during a criminal proceeding. Therefore, the fulfillment of the requirements of the investigative principle as a legal provision of a higher degree of normativity must be maintained in a procedural and organizational manner by the state in the person of the leading process.

On the basis of the normative content analysis of of the respect for human dignity principle, they are distinguished three of its constituent elements: security, prohibition and protection.

The substantive side of the security element is established by law procedures for the conduct of procedural actions that exclude contempt for human dignity, as well as the procedural provisions of the law on the mandatory justification of court decisions only on the evidence directly investigated in court. The organizational aspect of the basis security element includes the actions of authorized persons for proper control of the persons physical condition and the provision of quality services during the pre-trial investigation. The arguments in favor of refusing the simplified criminal procedure procedures introduced in the criminal process of Ukraine (reduced trial, simplified proceedings on criminal misconduct) are presented as not satisfying the proper implementation of the principles of criminal proceedings.

On the basis of the analysis of the European Court of Human Rights case law, the normative content of the prohibition element of the respect for human dignity principle, in particular, the specific characteristics of ill-treatment, has been researched; defined requirements for evidence of ill-treatment.

The normative content of the protective element of the respect for human dignity is principle of investigated in view of the state of the existing criminal procedural legislation on the legal status of the participants in the criminal proceedings. According to its results, authors' suggestions are made regarding the improvement of the domestic procedural legislation of the relevant direction.