CRIMINAL LEGAL PROCEEDING AND CRIMINALISTICS: THE ROLE OF THE VERSION IN THE ESTABLISHMENT OF THE TRUTH

被引:0
作者
Smirnova, Irina G. [1 ]
Egereva, Olesya A. [1 ]
机构
[1] Baikal State Univ Econ & Law, Irkutsk, Russia
来源
VESTNIK TOMSKOGO GOSUDARSTVENNOGO UNIVERSITETA-PRAVO-TOMSK STATE UNIVERSITY JOURNAL OF LAW | 2015年 / 18卷 / 04期
关键词
version; truth; reliability; probability;
D O I
10.17223/22253513/18/10
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The interrelation and unity of criminalistics and criminal procedure right is indisputable. Such communication is the most obvious during the proof. The reason of it is scientific justification of transition from knowledge of material and ideal traces of the mechanism of criminal activity to criminal prosecution and appointment guilty fair punishment or to refusal of criminal prosecution innocent, to release them from punishment, rehabilitation of everyone who unreasonably underwent criminal prosecution. One of the functions of criminalistics is ensuring such transition, which has the greatest practical value. At present time, refusal of establishment of truth on criminal case can lead to essential derogation of level of security of the personality's rights in the sphere of criminal legal proceedings. Obviously, it's a difficult process of clarification of truth on during the preliminary investigation, ensuring compliance of all established circumstances of the committed crime of the objective reality existing at the time of the crime's commission. More over, it's a way from ignorance to knowledge, from knowledge of small, private factors of the investigated crime to knowledge of all its parties, to establishment of the person, it made. The investigator's thinking in the form of investigative versions, development and verification of investigative versions is one of methods of knowledge of an objective truth of criminal legal proceedings. The investigative version is a truth learning tool as is one of possible explanations of collected material which has or can be related to the investigated case. This requirement makes also the concrete practical sense: it is necessary to build not any investigative versions, and only investigative versions, which follow from collected material, only reasonable, really possible investigative versions. During the investigation by check of established facts and circumstances, by gradual collecting of proofs one versions disappear, and degree of probability of others raises. This process of quantitative changes happens until leads to high-quality changes of our knowledge of the studied event until the probable knowledge is replaced with the reliable knowledge. Anyway, the only way of achievement of truth is considered transition from probability to reliability, and in this transition play probabilistic knowledge huge role.
引用
收藏
页码:80 / 89
页数:10
相关论文
共 15 条
  • [1] Belkin R. S, 1969, KRIMINALISTIKA DOKAZ
  • [2] Gorskiy G. F, 1978, PROBLEMY DOKAZATELST
  • [3] Gross G, 2002, RUKOVODSTVO SUDEBNYK
  • [4] Isheng Yu, 2014, LEX RUSSICA, V1, P58
  • [5] Ivashina V. M, 2011, VESTNIK SARATOVSKOY, V1, P148
  • [6] Khmyrov A. A, 1996, PROBLEMY TEORII DOKA
  • [7] Ovsyannikov I, 1998, ROSSIYSKAYA YUSTITSI, V9, P5
  • [8] Perlov I.D., 1963, ISPOLNENIE PRIGOVORA
  • [9] Peshchak Ya, 1976, SLEDSTVENNYE VERSII
  • [10] Petrukhin I. L, 2003, YURID MIR, V8, P17