The adversary system as a means of establishing the truth in a criminal case

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In article the contents and value of competitiveness as a form of criminal procedure reveals. At all importance of competitiveness it is necessary not for the sake of observance of "rules of the game", procedure, but for realization of essence, purpose of criminal trial. The author considers competitiveness as a way of the organization, a way of existence of criminal trial which has the purpose. The point of view that the purpose of criminal procedure is establishment of truth, what took place actually is proved. Objections of the author to opponents of establishment of truth on criminal cases as the purpose of criminal trial are given in article, the conclusion is reasoned that despite various purposes of participants of criminal procedure, objective situation which is established by the state and the law has to be its final purpose.

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Competitiveness, prosecution, protection, truth, criminal procedure (criminal procedure), the purpose of the criminal process

Короткий адрес: https://sciup.org/147149992

IDR: 147149992

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