PROCEDURE (FORMATION) OF PROBABLE AND RELIABLE KNOWLEDGE IN CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article examines the formation of knowledge on probability and reliability in criminal proceedings, analyzes the position of domestic and foreign experts on this issue. Proves that the categories of probability and reliability knowledge in criminal proceedings have huge value in the process of formation of conviction (uncertainty) of judge in making a fair decision in the Case. Probability knowledge creates a judge’s procedural certainty in making by him a fair verdict of guilty or acquittal nature, and reliability on the one hand, serves as stage of knowledge towards probability, on the other – serving as knowledge that can be questioned, what can lead to the adoption of justifying judgment because of lack of participation of accused in the commitment of criminal offense. It is emphasized that the probable and reliable knowledge differ by mapping completeness, proof depth, character of building and ways to achieve it. Copyright formulates scientifically grounded definition of «probability» and «reliability» in the criminal process as a purely theoretical concepts for application in the theory of criminal procedure, defines their relationship with each other and with other concepts (true and false knowledge). Exploring these questions, the author concluded that the category of «reliability» knowledge in criminal proceedings – is a rational form of knowledge, which is the dialectical unity of objective and subjective logic and may vary and remain stable, characterized by the fact that the circumstances subject that need to be proofed, established on the basis of sufficient number of evidence and arguments together, generates the appropriate confidence that can be questioned, serves as a stage towards knowledge of probability, requires further justification. Probability knowledge in criminal proceedings – is a rational form of knowledge that is unique and has his degree expression, characterized by the fact that the circumstances, which need to be proved are installed in the proceedings on the basis of sufficient number of evidence and arguments together, creates a complete subjective confidence, conviction, which does not require further foundation, and therefore excludes any other resolution of the case.
Authors and Affiliations
В. С. Дяков
Keywords
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