Evaluation of evidence in a criminal case: doctrinal experience

Автор: Dekhanov Sergey Alexandrovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 3 (58), 2022 года.

Бесплатный доступ

The article deals with the views of major domestic pre-revolutionary legal scholars and modern specialists regarding the rules for evaluating evidence in criminal proceedings in terms of their relevance, admissibility, reliability and sufficiency, a brief comparative analysis of methods for obtaining evidence based on deductive, inductive methods of cognition and intuition is given. examples from judicial practice. It is noted that any factual data that is able to convince the judge of the truth or falsity of any legal fact can act as evidence. When evaluating legal facts, among other things, the judge uses an internal judicial conviction, which allows him to take all the necessary actions in order to obtain knowledge about the circumstances of the case, and therefore can be called an evidence assessment tool, it can only be formed during a fair trial, the conditions of which are formulated in Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Еще

Proof, relevance, admissibility, reliability, sufficiency, deduction, induction, intuition, inner judicial conviction, judicial practice

Короткий адрес: https://sciup.org/140296704

IDR: 140296704   |   DOI: 10.52068/2304-9839_2022_58_3_39

Статья научная