Evidence – trial and pre-trial

Abstract

The article again raises the question of the concept of proof in criminal proceedings. The adoption of the Code of Criminal Procedure in 2001, based on principles different from those of earlier times, did not lead to any noticeable revision of the postulates of the theory of evidence, including the concept of proof, but further aggravated the long-known contradictions. The incompatibility of the ideas of proving, which developed in the previous period of our history, as a cognitive activity aimed at establishing objective truth, with the principles of the presumption of innocence and competition is far from obvious to everyone, so the author of the article attempts to separate two fundamentally different approaches to the concept of proof between two fundamentally different parts of the criminal process and thereby reconcile the irreconcilable sides of the scientific discussion.