Issues of the methodological foundations of criminal procedural evidence never lose their relevance due to such circumstances as the rapid expansion of the range of events requiring proof by limited means of criminal procedural legislation; influence on the processes of proving achievements of science and technology; maintaining the significance of traditional criteria for assessing evidence, the application of which underlies the answer to the main question of criminal procedural evidence: whether the truth has been achieved in a given criminal case. The criteria for assessing evidence according to the parameters: relevance, admissibility, sufficiency and reliability were first legislated in the Code of Criminal Procedure of the Republic of Kazakhstan, adopted in 1997, and have not changed since then. The problems of achieving truth through the application of these criteria for evaluating evidence, as practice shows, are not fully resolved. Solving methodological problems of achieving the truth in criminal procedural proof has not only theoretical, legal or philosophical significance, but also great practical application, helping to strengthen the protection of the rights and legitimate interests of the person involved in criminal procedural legal relations.
EVIDENCE IN CRIMINAL PROCEEDINGS: PROBLEMS OF ESTABLISHING THE TRUTH
Published March 2024
Abstract
Language
Русский
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