It often happens that in the course of the investigation of a criminal case or consideration of a civil dispute, new evidence is revealed that can change the course of the investigation and affect the results of the trial. In such cases, the question arises about the attachment of these materials to the case.
Instructions
Step 1
In the course of the investigation of a criminal case, the investigator periodically obtains material evidence and other materials that must be attached to the case. He can do this on his own, first examining them, while drawing up an appropriate protocol for examining material evidence. Already on the basis of this protocol, he makes a decision to attach the materials to the case. The judge acts in a similar way - first he examines the evidence in the court session, after which he makes a decision on their admission, or refusal to do so. The judge's decision can be formalized in the form of a separate ruling (if the decision is made in a deliberation room with a break in the court session) or by simply making an entry into the minutes of the court session (if the decision to attach evidence is made on the spot).
Step 2
One of the ways to protect the parties, both in criminal and civil proceedings, is the presentation by them of materials testifying in their favor. For their attachment, it is necessary to declare a written (in the form of a separate document) or oral (for example, during an interrogation or a court session) a petition, in which it is necessary to indicate which materials are provided and the reasons why they need to be attached.
Step 3
Upon the received petition, the investigator shall issue a ruling, and the judge shall issue a ruling on its satisfaction (in whole or in part) or refusal to satisfy. Even if the investigator does not attach the evidence presented by the parties, the very fact of making such a request will remain in the case, a written request will be present among other materials in the case. Refusal to satisfy the request for the attachment of materials at the stage of preliminary investigation does not prevent the filing of the same request in the course of the trial.
