Separate issues of strategy and tactics of argumentation in the proceeding of a criminal case in the court of first instance

Автор: Bryanskaya Elena V.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Рубрика: Уголовный процесс

Статья в выпуске: 4 (20), 2021 года.

Бесплатный доступ

The issues of the process of proving in a criminal case have long attracted the attention of scientists in the court of first instance. They have especially acquired acute significance due to the development and actualization of the principle of adversariality of the parties. However, earlier the problems of argumentation were considered by scientists quite actively, but from the point of view of philosophical and linguistic positions. Nowadays, we increasingly began to talk about the arguing (persuasive) power of evidence. We were interested in the question of how the tactics and strategy of the evidentiary process are built precisely with the aim of obtaining maximum conviction at the judicial discretion. In this regard, this scientific study presents tactical and strategic methods of argumentation in the court of first instance. It is in the instance in which the criminal case is considered on the merits in the light of the study of evidence and their assessment.

Еще

The process of proving, arguments, evidence, adversarialness of the parties, research and evaluation of evidence, the judge’s inner conviction, the algorithm of the process of proving, tactics, strategy of proof

Короткий адрес: https://sciup.org/143178234

IDR: 143178234   |   DOI: 10.24412/2587-9820-2021-4-172-181

Статья научная