信任在刑事诉讼中的作用

Albi Gjoka, Evangjeli Xhuvani
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引用次数: 0

摘要

摘要 信任和被保护的感觉是法律程序的核心价值。信任不应与善意的概念相混淆。商誉不是刑法的规范,而是私法的概念。刑法中与信任类似的原则是意图,从术语上讲,意图比商誉更适合刑法。尽管如此,这一定义仍有部分内容没有包括在内,并留下了空白,在这些空白处,信任一词更适合用作定义。罪刑法定原则和严格法原则是刑法的价值观,其解释也被广泛使用。本文的主要议题是信任一词的用法以及信任刑法并对其抱有信心的必要性。这种信任是在数百年的历史和一个又一个的案例中建立起来的,这些案例得出了一个普遍的结论。这个结论不是要质疑刑事诉讼程序、律师或法官及其段落,而是要接受它的本来面目并遵循它的指示。通过举例、案例研究和其他中心议题,可以更好地理解刑法中的诚信。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of Trust in the Criminal Procedure
Abstract Trust and the feeling of being protected is the core value of the legal process. Trust should not be confused with the idea of goodwill. Goodwill is not normative of the criminal law, but it is a concept of the private law. A similar principle of trust in criminal law is the intent, which terminologically has a better connotation with criminal law than goodwill. Nevertheless, there is still a part that this definition does not include and leaves gaps in which the word trust is better used as a definition. The principles of legality and lex stricta are values in criminal law and also have their interpretations widely used. Main topic of this paper is the usage of the word trust and the need to trust the criminal law and have faith in it. A faith which is built in centuries and cases after cases which have led to a general conclusion. The conclusion is not to question the criminal process, the lawyers or judges and its paragraphs but to accept it as it is and follow its directions. Examples, case studies and other central topics can lead to a better understanding of the good faith in criminal law.
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