FORENSIC SCIENCE

Issues of using materials from operational investigative activities in evidence

Abstract

The article formulates the conditions for using materials from operational investigative activities in evidence in criminal cases that satisfy the requirements of the criminal procedural legislation of the Republic of Kazakhstan. The author divides the results of operational investigative activities into two groups of data, such as factual data that directly indicates the signs of a criminal offense, which can be used in criminal proceedings as evidence, and factual data that is of an auxiliary nature. It is concluded that in order to become evidence, the results of operational investigative activities must meet a number of conditions, such as their receipt during operational investigative activities, directly specified in Art. 11 of the Law of the Republic of Kazakhstan “On Operational-Investigative Activities”, carrying out operational-search activities by authorized bodies specified in the Law of the Republic of Kazakhstan “On Operational-Investigative Activities”, in the presence of legal grounds provided for in Art. 10 of the Law and the results of operational investigative activities carried out must be reflected in operational and official documents.