On the Discussion of the Conscience Category as a Criterion for Evidence Assessment

The article considers the category of conscience reflected by the legislator in Article 17 of the Code of Criminal Procedure of the Russian Federation as a criterion for evaluating evidence. The opinion of scientists is shared about the special importance of its consolidation in the law. The negative statements of scientists addressed to the legislator about the way this category is fixed in the law are critically evaluated, which, according to the author, cannot be ignored. It is concluded that the consolidation of such a concept of ʻconscienceʼ in the law, along with the concept of ʻinternal convictionʼ, involving a personal assessment of evidence, one’s own conclusion about the circumstances of the case, is intended to reflect that criminal procedural decisions should be made only by people with high ideological positions, a high level of culture and intelligence.

Authors

Publication Details

Journal
Russian judge
Published
2024-11-07
DOI
https://doi.org/10.18572/1812-3791-2024-12-38-43
Citations
1
Primary Topic
Technology and Human Factors in Education and Health
Type
article
Field-Weighted Citation Impact
0.54
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article

On the Discussion of the Conscience Category as a Criterion for Evidence Assessment

С. В. Корнакова
1 citations
Russian judge
Technology and Human Factors in Education and Health
0.54
article

On the Discussion of the Conscience Category as a Criterion for Evidence Assessment

С. В. Корнакова
article en
1 citations

Abstract

The article considers the category of conscience reflected by the legislator in Article 17 of the Code of Criminal Procedure of the Russian Federation as a criterion for evaluating evidence. The opinion of scientists is shared about the special importance of its consolidation in the law. The negative statements of scientists addressed to the legislator about the way this category is fixed in the law are critically evaluated, which, according to the author, cannot be ignored. It is concluded that the consolidation of such a concept of ʻconscienceʼ in the law, along with the concept of ʻinternal convictionʼ, involving a personal assessment of evidence, one’s own conclusion about the circumstances of the case, is intended to reflect that criminal procedural decisions should be made only by people with high ideological positions, a high level of culture and intelligence.

Russian judge
Openalex Percentile: Top 25%
Technology and Human Factors in Education and Health
0.54
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