PROVING A PERSON’S GUILT IN COMMITTING A CRIME AGAINST LIFE AND HEALTH IN THE CONTEXT OF THE PRESUMPTION OF INNOCENCE

Proper regulation of procedures for gathering evidence and adherence to rules of admissibility are prerequisites for ensuring the effective realization of the right to a fair trial and the provision of evidence. The resolution of these issues is closely related to the establishment of the presumption of innocence, which is a fundamental principle of criminal procedure. The purpose of the article is to determine the specifics of proving guilt in the commission of a crime against human life and health, taking into account the content of the principle of the presumption of innocence. It is reasoned that proving in crimes against human life and health requires the collection of evidence in such a way that in no way, critically evaluated, casts doubt on the violation of the principle of the presumption of human innocence. Taking this into account, the author defines the conceptual principles of practical implementation of evidentiary activities in cases of crimes against human life and health.

Authors

Publication Details

Journal
Archives of Criminology and Forensic Sciences
Published
2024-12-31
DOI
https://doi.org/10.32353/acfs.10.2024.10
Primary Topic
Patient Dignity and Privacy
Type
article
Field-Weighted Citation Impact
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article

PROVING A PERSON’S GUILT IN COMMITTING A CRIME AGAINST LIFE AND HEALTH IN THE CONTEXT OF THE PRESUMPTION OF INNOCENCE

Vitalii Salamakha
Archives of Criminology and Forensic Sciences
Patient Dignity and Privacy
article

PROVING A PERSON’S GUILT IN COMMITTING A CRIME AGAINST LIFE AND HEALTH IN THE CONTEXT OF THE PRESUMPTION OF INNOCENCE

Vitalii Salamakha
article en

Abstract

Proper regulation of procedures for gathering evidence and adherence to rules of admissibility are prerequisites for ensuring the effective realization of the right to a fair trial and the provision of evidence. The resolution of these issues is closely related to the establishment of the presumption of innocence, which is a fundamental principle of criminal procedure. The purpose of the article is to determine the specifics of proving guilt in the commission of a crime against human life and health, taking into account the content of the principle of the presumption of innocence. It is reasoned that proving in crimes against human life and health requires the collection of evidence in such a way that in no way, critically evaluated, casts doubt on the violation of the principle of the presumption of human innocence. Taking this into account, the author defines the conceptual principles of practical implementation of evidentiary activities in cases of crimes against human life and health.

Archives of Criminology and Forensic SciencesVol. 10(2)
Openalex Percentile: Top 60%
Patient Dignity and Privacy
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