The nature of truth in criminal proceedings

The article discusses the question of the purpose of criminal proceedings. Based on the fact that the law rules aimed at clarifying all relevant circumstances of the crime and determine the cause of a lawful, reasonable and fair solution, it is concluded that the purpose of the criminal justice serves the truth. The author analyzes the existing at the moment the concept of objective (material) and formal (procedural truth), argues in favor of the concept of objective truth, because only after its achievement possible in the case of the imposition of lawful, reasonable and fair solution. It is alleged that the objective truth is the result of the use in criminal proceedings methodology of scientific knowledge. Criticized statements about the impossibility of achieving the objective truth. It is argued that, in principle, the circumstances of any offense can be established, and this result is due to the lack of organizational, but not epistemological factors. The author discusses the thesis that the criminal proceedings is a form of humanitarian, rather than scientific knowledge. Humanitarian it is only in the sense that the instrument is directed at understanding human behavior. However, all other parameters in the knowledge of the criminal trial is a research. On the basis of mature perspectives offered the principles of judicial concept of truth: 1) the need to establish the factual circumstances of the crime, that is the objective nature of truth; 2) to achieve only by means of and in the manner established by law; 3) the existence of statutory restrictive mechanisms (the possibility of refusing to testify against himself or his close relatives, ban the use of threats and intimidation in obtaining evidence); 4) accounting presumptions (first of all - the presumption of innocence); 5) adversarial criminal procedure with the differentiation of the elements of competitiveness and tracing the various stages of criminal proceedings (in the pre-trial stages of the prevalence of search components using individual elements of competition in the judicial phase of the overall competitiveness); 6) professional assessment of the results obtained with the simultaneous need to achieve public support for the decisions taken; 7) announcing the full truth exhaustion proof solutions capabilities, issued on the basis of the collected body of evidence in the interpretation of all of doubt in favor of innocence or lesser culpability.

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