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Title

The Purpose of Criminal Proceedings is the Truth

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

Section

Civil and Criminal Procedure

Issue

1/2015

Page

144—147

index UDC

343.98 + 343.13

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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.

Keywords

criminal procedure, the purpose of criminal and procedural activity, truth, law, subjective, objective, evidence, logics, judgment, reasoning.

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