Evidentiary process and «judicial» rhetoric

The article examines the doctrinal positions inherent in a number of post-Soviet publications, which suggest that proving in a criminal case is identified not so much with cognitive activity as with a set of rhetorical techniques and operations that allow the parties to justify their positions to decision-making entities, primarily to the court. Taking into account the traditional adherence of Russian pre-trial and trial mechanisms to continental (Roman-Germanic) canons of criminal justice, the author concludes that these positions are unsuitable for use in doctrine, law-making and law enforcement practice, and argues that it is incorrect to view the purpose of evidence solely as persuading the courts to make procedural decisions that meet the interests of the prosecution or the defense.