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 Words of Witnesses in Shcherban Case Cannot be Admitted by the Court, Says ex-Minister of Justice

The testimony of the witnesses in the Shscherban case could not be considered the prosecution’s primary evidence.

Ex-Minister of Justice Roman Zvarych in an interview to Glavkom stated: "In all the codes that I have studied, there is a clear difference between the primary evidence and accompanying evidence. It is clear that hearsay evidence cannot be primary, that is its main evidence. It can only reinforce the main proof. Without the main evidence hearsay evidence cannot be admitted in court. In the U.S., if the prosecution wants to admit hearsay as proof, it should do so only after the presentation of the primary evidence," says Roman Zvarych.

According to him, the things that witnesses in the Shcherban murder talked about is a classic example of the secondary and accompanying evidence. "Their words can be accepted only on the condition that there is a primary evidence that these words only reinforce," says the ex-Minister of Justice.

The new Criminal Procedure Code contains an article that allows to consider hearsay as evidence.

"Hearsay evidence is an expression, conducted in oral, written or other form, concerning a certain fact, based on the explanation of another person. The court has the right to admit evidence hearsay regardless of the opportunity to examine the person, which provided the primary explanation," says the article. It also indicates the factors which must be taken into account by the judge when deciding whether or not to consider such testimony as evidence.

Источник: https://censor.net.ua/en/n233477