The purpose of criminal proceedings is to establish objective truth

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Introduction: The article is devoted to the analysis of the research of procedural scientists, the content of the concept of «appointment of criminal proceedings» and its provisions, as well as the development and argumentation of proposals to consider as the appointment of criminal proceedings a new provision on establishing objective truth in the course of criminal proceedings. Materials and Methods: In the course of the study, scientific works on the criminal procedure, the provisions of the criminal procedure law regulating the purpose of criminal proceedings were used. In the process of scientific research, analytical, comparative legal, logical, historical and systemic and structural methods were used. In addition, a generalization of the materials of legislative practice on the research topic was carried out. Results: The study made it possible to conclude that the establishment of objective truth in the Criminal Procedure Code of the Russian Federation should be considered as one of the provisions of the appointment of criminal proceedings. Discussion and Conclusions: In the course of the research, the author comes to the conclusion that the need to establish objective truth in criminal proceedings should be considered as a separate provision of the appointment of criminal proceedings. According to the author, only the establishment of objective truth fully guarantees the implementation of the already legally enshrined two provisions of the current article 6 of the Criminal Procedure Code of the Russian Federation, namely, the protection of the rights and legitimate interests of persons and organizations who have suffered from crimes and the protection of the individual from illegal and unjustified accusations, convictions, restrictions on her rights and freedoms.

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Purpose of criminal proceedings, objective truth, criminal case, criminal proceedings, criminal prosecution

Короткий адрес: https://sciup.org/142225430

IDR: 142225430   |   DOI: 10.37973/KUI.2020.26.87.019

Статья научная