Stadards of proof in criminal procedure (comparative analysis)
The development of methodological criteria, its practical application in all possible interpretations. Increasing transparency of criminal process. The possibility of engaging relevant experts in the evaluation of evidence and general process of proof.
Подобные документы
Violation of human rights and freedoms. Analysis of evidence and proof. Improving the criminal procedure law. The possibility of making procedural decisions in the proceedings on the basis of evidence obtained in violation of the procedural form.
статья, добавлен 03.09.2021Analysis of evidence and proof, which contribute to the improvement of criminal procedural law. The question about an opportunity to adopt procedural decisions in criminal proceeding on the basis of evidence obtained in violation of the procedural form.
статья, добавлен 15.07.2022The amount of procedural powers of parties in the criminal proceedings of evidence and identified areas of normative regulation. Process of proof in criminal proceedings. Taking evidence, checking obtained evidence and use to justify judicial decisions.
творческая работа, добавлен 01.02.2018The study of concepts - proving, classification of subjects ofproof, their division into groups based on the rights and obligations of proof in criminal proceedings: officials and state bodies and participants in the process. The powers of these entities.
статья, добавлен 19.02.2021The main stages and directions of the legislative development of criminal proceedings and evidence after the formation of the Slovak Republic. Analysis of evidence and means of proof. Legal regulation of the use of information and technical means.
статья, добавлен 17.05.2022Author's definition of "due process", its essence. Review of the regulations that make up the content of due process. The importance of the application of due process in criminal proceedings, in particular in the presence of gaps or conflicts of law.
статья, добавлен 24.06.2022An overview of the trend towards the convergence of criminal trial procedures with the Anglo-Saxon system of law at the current stage of the development of criminal justice in Kazakhstan. Conceptual approaches to improving the domestic criminal process.
статья, добавлен 26.11.2022The emergence of tendency towards the maximum convergence of the procedures of the criminal process to the Common law system and, as a result, attempts to deformalize evidence in criminal proceedings in the Kazakhstan. Modernization of criminal justice.
статья, добавлен 12.11.2022In research the logical structure of indirect evidence has been revealed, its types have been characterised, it has been determined the typical logical errors, which may be in facts proof and circumstances of committed crime using indirect evidence.
статья, добавлен 05.09.2021The use of digital evidence in the process of investigating looting during the war in Ukraine. Separation of looting from other crimes against property. Legal qualification of criminal offenses committed during of martial law or state of emergency.
статья, добавлен 31.01.2024Tendency towards the maximum convergence of the procedures of the criminal process to the Common law system and attempts to deformalize evidence. Substantiation of the position of the authors in the context of the modernization of criminal justice.
статья, добавлен 14.08.2022Research of the topic of the importance of criminal court evidence in the doctrine of the criminal process. The scheme of work of the lawyer on definition of signs of a phenomenon in situations of acceptance of the corresponding procedural decisions.
статья, добавлен 27.06.2022History of development of the criminal procedural legislation of China, its current state and prospects. Provisions of the Criminal Code and its reform. Changes in the economic and social spheres of China, which lead to changes in the criminal process.
статья, добавлен 29.10.2016Analysis of the issues of forming the internal conviction of a judge of a body of constitutional jurisdiction as a subject of proof in a constitutional court process. Characteristics of the main problems of proof in the constitutional court process.
статья, добавлен 21.03.2020Substantiate position of the authors in the context of the modernization of criminal justice in the Republic of Kazakhstan. Consideration of the tendency to maximum approximation of the procedures of the criminal process to the Anglo-Saxon system of law.
статья, добавлен 20.08.2023Consideration of the features of Criminal Procedural Law and law enforcement practice of the use of digital evidence in criminal proceedings. Specific nature of the formation of digital traces, information theory of Criminal Procedural evidence.
статья, добавлен 28.07.2022The essence of due process as a task of criminal proceedings. The genesis of the concept of "due process" in the legal system of England and the United States as a guarantee of prevention of arbitrariness of power. Author's definition of the concept.
статья, добавлен 13.07.2021The presumption of innocence is one of the guarantees of observing the rights of the suspect and the accused in the criminal process and a mandatory component of a fair, complete and impartial trial. Shifting the burden of proof to the accused person.
статья, добавлен 19.08.2023Analysis of the procedure of criminal compulsory treatment in China. The main problems that arise in the process of this procedure: extending the scope of the applicable object of procedure, the right of victims to a request for ancillary civil action.
статья, добавлен 08.06.2018This article explores the criminal procedure and criminal law aspects of application of Section 6 of Article 15 of the Criminal Code of the RF. The boundaries of the principle of judicial discretion and dispositive regulation of criminal law relations.
статья, добавлен 06.04.2019- 21. Standard of proof in common law: mathematical explication and probative value of statistical data
Study of differentiation of standards of proof applied in civil cases. Methodology of the Bayesian theory of decisions, its application to judicial establishment of facts. Bayesian decision theory as a rationalisation of the two standards of proof.
статья, добавлен 07.09.2021 Content and signs of coercion in the criminal process. Protection of individuals, society and the state from criminal offenses, rights, freedoms and legitimate interests of criminal proceedings, ensuring a prompt, complete and impartial investigation.
статья, добавлен 01.02.2018The article provides a comprehensive analysis of criminal liability for the criminal offence of desertion under Article 408 of the Criminal Code of Ukraine, taking into account legislative changes that have been made to both the General and Special Parts.
статья, добавлен 12.12.2023Review of the genesis of the legal status of a person in the criminal process of Ukraine. Analysis of legal regulation of the criminal procedural status of a person and his legal rights and freedoms during the period of validity of legal documents.
статья, добавлен 29.05.2021Analysis of liability for the criminal offence of desertion under Article 408 of the Criminal Code of Ukraine, taking into account legislative changes that have been made to both the General and Special Parts of the current Criminal Code of Ukraine.
статья, добавлен 22.01.2024