The essence and limits of proof in criminal proceedings
Автор: Biktashev M.R., Kornelyuk O.V.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 5-1 (80), 2023 года.
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One of the central institutions in criminal procedure law and legislation is the Institute of Evidence. In this article, topical issues on the limits of proof and the essence of this process as a whole will be studied. During the study of this institute, it will be indicated that the essence of proof is the collection, assessment and justification of various circumstances and other information about the committed act prohibited by criminal law, as well as the decision on the possibility of applying a particular criminal law norm to a particular person and bringing him to criminal responsibility. The main elements of the crime to be proved during the investigation of a criminal case are identified and characterized, namely, the subject and object of the crime, the subjective and objective sides of the crime. The study of the important criminal procedural concept "limits of inquiry" has been conducted and the positions of some jurists regarding the controversial elements of this institution have been considered. As a result, we carried out an analysis of this institution and proposed some options for resolving some controversial phenomena that arise among process scientists about the process of proof and its limits.
Criminal procedure, proof, limits of proof, crime, corpus delicti
Короткий адрес: https://sciup.org/170199264
IDR: 170199264 | DOI: 10.24412/2500-1000-2023-5-1-125-128