Logical nature of indirect evidence in criminal process
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the study of the logical nature of indirect evidence in criminal process. The assertion that the indirect evidence logical understanding does not coincide with the indirect evidence concept content in the science of the criminal process is proved. The argument of such a conclusion the author determines that in a criminal trial, the evidence is not understood as the pure process of selecting and finding arguments in favor of a particular thesis, but the final result achievement mean. The double essence of indirect evidence in the criminal process is revealed: in relation to a partial thesis, they are direct evidence and independent means of proving its truth or falsehood; in relation to the main or generalizing thesis – indirect evidence, which only together with others can prove its truth or falsehood. The types of indirect evidence have been characterized, typical logical mistakes that may occur in proving the facts and circumstances of the crime committed by indirect evidence are identified.
Authors and Affiliations
О. К. Тугарова
Keywords
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