The subject and limits of proof in decision-making in criminal proceedings

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The subject and limits of proof of the factual circumstances necessary to make a decision vary considerably depending on the type of decision and the stage at which it is made. The limits of proof in each of the procedural decisions are determined by the level of knowledge of the actual circumstances of the case. The level of necessary knowledge about the actual circumstances, serving as the basis for the decision, determines the level of proof and the level of validity of the decision. The completeness of the proof is due to the objective semantic link between the results of the proof, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions on the merits of the issue under consideration in the operative part. The conclusions of the officials who are deciding about all the issues to be addressed are directly and immediately derived from research evidence.

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Procedural decision, subject of proof, limits of proof, factual circumstances, validity of decision, grounds of decision, completeness of proof

Короткий адрес: https://sciup.org/143165199

IDR: 143165199

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