Opanasenko V. Criminal responsibility for falsification of evidence: the features of regulation and ways to improve

The dissertation is dedicated to the questions of determining the optimal theoretical model for criminal law regulation of relations in the field of falsification of evidence. The paper proposes to use the phrase «punishable criminal falsification» as a general term for denoting such conducts of person’s criminal behavior that involves the producing of an object that differs from the original in form and/or content, or making changes to the actual object to give it new qualities, committed in order to present a rigged object as a real, as well as the sale or use of such an item. Specific features of punishable criminal falsification are established and its content is determined. The features and concepts of falsification of evidence are defined: falsification of evidence is an artificial creation or distortion of the content or source of a specific evidence, committed for the purpose of its use in the course of official proceedings, as well as the use of fraudulent evidence itself. Distinct types of falsification of an evidence are proposed to be classified using three criteria: a) specific features of the object of falsification; b) features of the subject of falsification; c) the mechanics of the attempt. «Subtypes» of falsification of evidence, depending on the features of the object of falsification, are: a) falsification of material evidence; b) falsification of written evidence (documents); c) falsification of electronic evidence; d) falsification of identity evidence. The falsification of evidence, depending on its commission mechanics, includes the following forms: a) falsification of evidence, which is committed directly; b) falsification of evidence, which is carried out indirectly – through influence on other persons with the purpose of motivating or forcing them to commit acts of falsification of evidence. Falsification of evidence, taking into account the characteristics of the subject, is divided into: a) falsification of evidence committed by the general subject; b) falsification of evidence committed by a special subject (prosecutor, investigator, witness, victim, and other participants in the official proceeding). Definitions of falsification of material evidence, falsification of written and electronic evidence, falsification of identity evidence are proposed.