The main task of the investigation in any criminal process is to establish the objective truth. The means by which the true picture of what happened is restored by evidence. They are divided into direct and indirect, the latter are confirmed using circumstantial evidence.
How is evidence classified
The evidence used in the investigation is divided into direct and indirect. Direct evidence is based on known facts that do not require confirmation. They are not considered in conjunction with other known facts and are part of the subject of inquiry. Direct evidence alone makes it possible to judge the degree of guilt of the suspect.
In the absence of direct evidence, the investigation, when establishing the true picture of what happened, uses circumstantial evidence based on circumstantial evidence - facts in themselves that are not included in the subject of proof, but helping to establish the circumstances of the case in conjunction with other facts. It is clear that the probative power of circumstantial evidence depends on how numerous and varied they are, the more they support homogeneous evidence.
The proof of circumstantial evidence, its strength, in turn, depends on what evidence it is based on - direct or indirect. The conclusion that the investigation makes, based on circumstantial evidence, uses a smaller premise, for example, if the victim's belongings were found in the apartment of the suspect, he is not appointed a murderer, but is considered only involved in murder or theft, until other evidence of his guilt in murder is found …
What are circumstantial evidence
Indirect evidence, in turn, lawyers subdivide into previous, accompanying and subsequent. The first include those that are associated with previous problems with the law, with a criminal record, with the initial period of illegal activity. Accompanying circumstantial evidence is considered to be those that relate to the crime in question, and subsequent - that are associated with the behavior and actions of the suspect, committed in the period after the crime. Prior evidence has less probative power.
Also circumstantial evidence can be accusatory, confirming criminal intent and action, or exculpatory. Lawyers also single out a group of "counter-street", which, while not being direct evidence of the suspect's innocence, refute any other accusatory circumstantial evidence. According to the extent to which circumstantial evidence is connected with each other and confirms homogeneous evidence, they are still subdivided into "harmonious" and "isolated". In any case, circumstantial evidence requires careful scrutiny.
