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
- С. В. Корнакова (ORCID: https://orcid.org/0000-0001-6506-795X)
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