Procedural compromise as a evidence technology to achieve the goal of the modern criminal proceedings

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Introduction: the article provides arguments on usage a procedural compromise as an evidence-based technology for achieving a modern purpose implementation of the purpose of criminal proceedings. Materials and Methods: the regulatory framework of the study was the current criminal procedure legislation of the Russian Federation, certain provisions of the criminal procedure legislation of the Russian Soviet Federated Socialist Republic of 1960, other legislative and by-laws, theory and investigative practice, opinions of academicians and other specialists regarding the usage of certain technologies compromise in the process of evidence in criminal matters. Logical, systemic, comparative legal, statistical, sociological (questioning, interviewing, interviewing), and other methods of research were used in the study. Results: the author presents his interpretation of the indicated idea as a rational and evidence-based technology aimed at improving criminal procedural activities and the fight against crime. The author suggest partially change the law of evidence applying a compromise method (technology) of evidence in the case, while respecting the rights and freedom of expression of the participants in the process. Discussion and Conclusions: the author concludes due to the analyzed interconnections between the law of evidence and possible usage of compromise in evidence in criminal cases that compromise in the criminal process is full evidentiary technology that allows use it rationally in law-making and law-enforcement practice to make criminal procedural activities efficient and application of the Code of Criminal Procedure of Russia.

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Criminal proceedings, criminal procedure form, compromise, evidentiary technology, evidence and proof

Короткий адрес: https://sciup.org/142225406

IDR: 142225406   |   DOI: 10.37973/KUI.2020.41.3.017

Статья научная