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Title |
The Purpose of Criminal Proceedings is the Truth
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Authors |
Makarova Zinaida Valentinovna
PhD Law, Professor, Honoured Lawyer of the Russian Federation, leading
expert, South Ural State University (National Research University); Office 104,
76, Lenin Ave., Chelyabinsk, Russia, 454080.
E-mail: Lia5565.72@mail.ru
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Section |
Civil and Criminal Procedure |
Issue |
1/2015 |
Page |
144—147
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index UDC |
343.98 + 343.13 |
index LBC |
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Abstract |
The article considers the concept of
purpose of criminal proceedings the content of which is the criminal and
procedural activity. Criminal proceedings as a socially significant phenomenon
have a well-defined goal like any conscious human activity. This goal can not be
arbitrary; it is given in the objective circumstances which are facts of
committed crime. These facts should be installed in every criminal case, so
the goal of the criminal proceedings should be objectified, hence, to be
established by law. The author proves the notion that the purpose of criminal
proceedings may be only the truth —- the
correspondence of conclusions on the criminal case
with the facts of the committed crime, correspondence with reality.
Truth is the basis of the legal assessment of the circumstances of the criminal
case, sentencing and the resolution of all other issues in the proceedings.
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Keywords |
criminal procedure, the purpose of criminal and
procedural activity, truth, law, subjective,
objective, evidence, logics, judgment, reasoning. |
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