The broad and narrow approaches to the understanding of means of proof in criminal proceedings

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Introduction: the purpose of the study was to examine the essence and examine the system of means of criminal procedure, i.e. useful assets to be used to establish the circumstances relevant to the criminal case and to substantiate the positions of the parties and law enforcement decisions. Materials and Methods: general scientific methods (analysis, observation, generalisation, comparison, description) and special methods of legal science, including historical-legal and formal-legal methods, were used in preparing the article. The Results of the Study allowed to reveal the priority of the narrow doctrinal approach to understanding the means of proof is argued, and its inherent roughness is revealed Findings and Conclusions: the paramount importance of evidence is noted as the most important means of criminal procedural proof, based on the perception of material and ideal traces-images of objective reality. Along with this, the role of formal means of proof is revealed: presumptions, prejudicial, well-known, notorious and other facts. Particular attention is paid to the so-called subjective means of proof: well-known and legal knowledge, legal awareness, legal understanding, legal culture, sense of professional responsibility, morality, conscience, professional and life experience. And, finally, it is suggested that there is another group of useful resources - the so-called reference and auxiliary means of proof.

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Evidence, proof, validity of criminal procedural decisions, means of proof, formal means of proof

Короткий адрес: https://sciup.org/143179944

IDR: 143179944   |   DOI: 10.55001/2312-3184.2023.51.38.022

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