ბრალდებულის შეცდომაში შეყვანის გზით მოპოვებული მტკიცებულების დასაშვებობა

The accused is a targeted object when entering the territory of law enforcement agencies. law enforcement agencies idea about their crime will automatically arrange for to obtain criminalizing information from the accused. In this case, the psychological condition of accused also should be taken into account, as he is an easily vulnerable category, due to legal awareness and, due to the stressful situation of interrogation/detention. Accordingly, in accordance with the principles of the presumption of innocence and the privilege of self-incrimination against the accused, appropriate procedural safeguards should be provided at the national level. It is also important that vague legislative interpretations do not constitute a means of circumventing these guarantees.
The master's thesis discusses obtaining secret information from the accused during the interview of the accused by law enforcement agencies., which may be used as direct evidence at the hearing on the merits. Defendant's testimony This is the information provided to the court on the circumstances of the criminal case. And the information provided by the accused to the investigative agencies has no probative value, because If the accused objects, it shall be impermissible to publicly read the information provided by him/her during an interview before a hearing on the merits or to play (demonstrate) the audio or video recording of this information and to use this information as evidence. But this restriction shall not apply to information obtained as a result of operative investigate or covert investigative actions. Based on the practice, the law enforcement bodies spread the mentioned rule at the stage of investigative action of the person interview. During the discussion of this issue, will be analyzed the admissibility of incriminating information obtained through covert recording. For this purpose, the compliance of the interpretation of the norm with the procedural guarantees of the accused will be analyzed. The circumstances in which the information is obtained from the person will also be assessed. The purpose of this paper is to identify deficiencies that may be grounds for circumventing the defendant's procedural safeguards. Procedural law on the one hand is the basis of important procedural guarantees for the accused, although in many cases the existing legislative inaccuracy and inconsistency between the norms threaten the arbitrary interpretation of the norms.