THE CRITERIA OF TRUTH IN CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article describes the way in which the truth of case’s background may be tried. Based on the philosophical and legal sources analyzed, the author proves that the main criterion of the truth of knowledge obtained in terms of criminal proceedings is practice. The application of a practical criterion is always particular as the truth itself is particular too. Certain forms of practice in different fields of cognitive activity are materialized in a different way. This is related to implicit and explicit trial of truth. In terms of indissoluble dialectic connection these two forms of practicing are complimenting each other and finally provides for the truth of knowledge obtained. In criminal proceedings practice is also a source of authentic material which carries the cognitive process from the point of problem to the point of hypothesis and than to the point of truth. Moreover, it is criteria for trying the truth of inquest. The analysis of different sources prices that most of the proponents of dialectic and materialistic approach to solving the problem of truth in criminal proceedings define the practice as the «basic», «the most important», «leading», «deciding» criteria of truth. Hence, there exist other ways to try the truth of the inquest. The author proves that the theory of criminal and procedural establishment despite its dialectic and materialistic basis, can and must apply rational approaches to finding the truth designed with the framework of other philosophical concepts. Simplicity, clearness, obviousness, commonness and other non empirical indicators of truth must be included into the mechanism of trying the truth of evidence and objections of the parties to the criminal case used by the jury. The author concludes that further research on the topic of the criteria if truth in criminal proceedings are topical due to the need not only to criticize scientific theories of truth in criminal proceedings in general but also because of specificity of interrelations between the subject and the object to criminal proceedings as well as the complicity of retrospective investigations and background truth trial.
Authors and Affiliations
Ю. М. Мирошниченко
Keywords
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