{"title":"Means of proving in criminal proceedings","authors":"S. Rossinskiy","doi":"10.18287/2542-047x-2023-9-1-37-45","DOIUrl":null,"url":null,"abstract":"The article is devoted to understanding the essence and consideration of the system of means of criminal procedural proof, that is, useful assets to be used to establish circumstances relevant to a criminal case, substantiate the positions of the parties and law enforcement decisions. In this regard, the priority of the narrow doctrinal approach to understanding the means of proof is argued, and its inherent roughness is revealed. The paramount importance of evidence is noted as the most important means of criminal procedural proof, based on the perception of material and ideal traces-images of objective reality. Along with this, the role of formal means of proof is revealed: presumptions, prejudicial, well-known, notorious and other facts. Particular attention is paid to the so called subjective means of proof: well-known and legal knowledge, legal awareness, legal understanding, legal culture, sense of professional responsibility, morality, conscience, professional and life experience. And, finally, it is suggested that there is another group of useful resources the so-called reference and auxiliary means of proof.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Journal of Samara University","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18287/2542-047x-2023-9-1-37-45","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article is devoted to understanding the essence and consideration of the system of means of criminal procedural proof, that is, useful assets to be used to establish circumstances relevant to a criminal case, substantiate the positions of the parties and law enforcement decisions. In this regard, the priority of the narrow doctrinal approach to understanding the means of proof is argued, and its inherent roughness is revealed. The paramount importance of evidence is noted as the most important means of criminal procedural proof, based on the perception of material and ideal traces-images of objective reality. Along with this, the role of formal means of proof is revealed: presumptions, prejudicial, well-known, notorious and other facts. Particular attention is paid to the so called subjective means of proof: well-known and legal knowledge, legal awareness, legal understanding, legal culture, sense of professional responsibility, morality, conscience, professional and life experience. And, finally, it is suggested that there is another group of useful resources the so-called reference and auxiliary means of proof.