PROF. YONKO KUNCHEV: IT IS NECESSARY TO IMPROVE THE LEGISLATION ON TRACE EVIDENCE AND EVIDENCE
The synchronicity between the categories of "trace evidence" and "evidence" in the detection of crimes is increasingly lost. This was said in an interview for Radio Varna by Prof. Yonko Kunchev, Dean of the Faculty of Law at Varna Free University "Chernorizets Hrabar". This topic was included in one of the two papers he presented during the 20th Summer Scientific Session of the Faculty.
"Trace evidence and evidence are the subject of two different sciences - the forensic theory of trace evidence and the criminal procedure theory of evidence. I think that there is no synchronicity between them and in order to change this, the two sciences must unite their efforts ", said Prof. Kunchev.
Where does the "thread" break?
According to Prof. Yonko Kunchev, the lack of synchrony is mainly due to differences in the concepts and classification of trace evidence and evidence.
"The problem is that the connection between the trace evidence and evidence is not being studied," explained Prof. Kunchev, adding that forensic science itself is "in debt" to practice.
Changes are needed
In his research, the Dean of the Faculty of Law proposed a change in the texts of the Penal Procedure Code (PPC) related to evidence.
I believe that the concept of "evidence" in Art. 104 of the PPC is obsolete. It is borrowed from the Russian criminal process and some of the former Soviet republics. This text needs to change. I believe that this will be a step to improve the relationship between trace evidence and evidence, "said Prof. Kunchev.
Physical evidence is not only objects.
"If you look at Art. 109 of the PPC, you will notice that the legislator considers the material evidence only as objects. This is a misconception. Imprints, various substances, and odours can also be physical evidence. They can also be used in the process of proving ", Prof. Yonko Kunchev was categorical.
According to the expert, the entire evidentiary law needs to be changed and updated.
"In the various aspects of the law of evidence, such as the methods of proof, means of proof or the evidence itself, there are many inaccuracies and omissions," commented Prof. Kunchev.
Prof. Yonko Kunchev's ideas for improving the legislation and practice were supported by other experts in the field of criminology and law.
In the second paper of Prof. Kunchev during the 20th Summer Scientific Session of the Faculty of Law, the emphasis was placed on odorological proof by smell, which is a seriously underestimated method in Bulgaria.
A total of 98 papers in the field of law, national security and psychology were presented during the session. The forum was attended by scientists and students from 8 countries - Bulgaria, Turkey, Israel, Ukraine, Russia, Serbia, Cyprus and Kazakhstan.
According to Prof. Yonko Kunchev, the conference has passed at a high level.
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