PROBLEMS OF USE IN THE EVIDENCE OF CIRCUMSTANCES AFFECTING THE EFFECT OF THE STUDY OF THE IMPORTANCE OF THE STUDY CRIMINAL LEGAL APPEALS AND CHARACTERIZED PERSONS AND THEIR DEFINITELY SOLUTIONS: MORAL LEGAL ASPECTS
Journal Title: Правовий часопис Донбасу - Year 2015, Vol 52, Issue 1
Abstract
In the article the problems of the use are considered in proving of circumstances, that influence on the degree of weight of perfect criminal offence and circumstances, characterizing personality of defendant. The ways of overcoming of these problems are specified. It becomes firmly established that circumstances that characterize personality of defendant can in the process of proving be used by a court at discretion, but not by law, that negatively influences on the moral constituent of proving. Too touches circumstances that influence on the degree of weight of perfect criminal offence. For the removal of these problems it is suggested to use judicial sources only.
Authors and Affiliations
Andrey Shulga
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