The “paradox of stimulating” the accused to admit his guilt

The admission of guilt by the accused is of particular value for the criminal process, both for the field of theoretical understanding and for the activities of practical bodies. A deep interest in the admission of guilt for a long time caused a lot of discussions and disputes about its essence, meaning, hierarchy, as well as ways to obtain it. On the one hand, the voluntary admission of guilt by the accused is a confession that he gives solely based on his inner beliefs, norms of morality, conscience and other trends of the soul. On the other hand, it is impractical to expect that each accused person will appear and confess to the crime committed independently, without any intervention by law enforcement agencies, since such a situation is an exception to the rules. Moreover, in the criminal procedure law there are forms of positive influence on the accused, which provide him with a number of beneficial incentives for him to obtain confessions. In this regard, the so-called “paradox of stimulating” the accused to voluntarily admit his guilt arises, which consists in the fact that such a confession excludes any stimulation, but without stimulation, voluntary admission of guilt is itself an exception.

Authors

Institutions

Publication Details

Journal
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Published
2024-10-04
DOI
https://doi.org/10.36511/2078-5356-2024-3-283-287
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The “paradox of stimulating” the accused to admit his guilt

Anastasia Ivanshina
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
European and International Law Studies
article

The “paradox of stimulating” the accused to admit his guilt

Anastasia Ivanshina
article en

Abstract

The admission of guilt by the accused is of particular value for the criminal process, both for the field of theoretical understanding and for the activities of practical bodies. A deep interest in the admission of guilt for a long time caused a lot of discussions and disputes about its essence, meaning, hierarchy, as well as ways to obtain it. On the one hand, the voluntary admission of guilt by the accused is a confession that he gives solely based on his inner beliefs, norms of morality, conscience and other trends of the soul. On the other hand, it is impractical to expect that each accused person will appear and confess to the crime committed independently, without any intervention by law enforcement agencies, since such a situation is an exception to the rules. Moreover, in the criminal procedure law there are forms of positive influence on the accused, which provide him with a number of beneficial incentives for him to obtain confessions. In this regard, the so-called “paradox of stimulating” the accused to voluntarily admit his guilt arises, which consists in the fact that such a confession excludes any stimulation, but without stimulation, voluntary admission of guilt is itself an exception.

Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaVol. 2024(3)
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The “paradox of stimulating” the accused to admit his guilt — Anastasia Ivanshina · Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (2024) | TGRS Research Map | TGRS