The Role of Forensic Evidence Theory in Building of Defence and Prosecution Strategies During Criminal Proceedings

The aim of the study was to determine the role of forensic evidence for the defence and prosecution parties in the criminal proceedings in building of appropriate strategies. The research employed the method of comparative law, the doctrinal approach, and the method of legal modelling. The important role of evidence in criminal proceedings is that it substantiates the presence or absence of circumstances that are included in the subject of proof. The essence of the latter is that it allows for a fair settlement of criminal law relations. However, the adversarial nature of the criminal proceedings can become an obstacle to the fulfilment of this objective. The research substantiated the idea that the modern criminal proceedings is designed to “equalise” the dominant position of a prosecution and ensure the equality of the parties before the court. Achieving a balance is possible if the defence is provided with several additional procedural means, including evidence. It helps the defence to fully and effectively defend its position before the court. Further research can focus on developing practical recommendations for increasing the effectiveness of defence and prosecution strategies when they are built and implemented during criminal proceedings.