The standard "beyond reasonable doubt" as a criterion for achieving the purpose of criminal procedure proof

At the beginning of the article the author addresses a question of the purpose of criminal procedure proof, noting that so far most scientists believe that the purpose of national criminal law is the objective truth established in criminal cases. While appreciating such an approach, the author, at the same time, thinks that it is more accurate if the purpose of criminal procedure proof in national criminal law is understood as reliable findings of court or criminal prosecution authorities about the facts established in criminal cases, considering them to be legal (judicial) truth. It is noted that in criminal proceedings of continental legal system, including the Russian criminal procedure, an internal criterion for achievement of the above proof purpose for courts and in certain cases criminal prosecution authorities is their internal belief in conformity of objective reality (what was "actually" done) with the findings about the facts (circumstances) of crime. The criterion is of a subjective character. Moreover, its understanding in criminal procedure of continental legal system does not give a definite answer on a question of what character of internal belief the subject should have when deciding on the merits of a criminal case. Thus, the author addresses the objective criterion of achieving the goals of criminal procedure proof, i.e. the initial characteristic of criminal procedure of Anglo-American legal system named the standard of proof "out of reasonable doubts", and expresses his disagreement with the opinion of those scientists who reject the acceptability of this standard for domestic criminal procedure. According to the author, it is unreasonable to oppose the standard "out of reasonable doubts" as corresponding to the real process of assessment of proof to the attempts of court (and the prosecution) to achieve the objective truth (according to its content), resulting, under the observance of requirements of a criminal procedure form, in obtaining reliable findings about the circumstances established in criminal cases and designated as the purpose of criminal procedure proof. This standard successfully supplements the internal belief of courts (and in certain cases criminal prosecution authorities) which is traditionally considered in criminal procedure of continental legal system as the subjective criterion of achieving the above proof purpose in conformity of objective reality with the findings about the facts (circumstances) of crime.

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