INTERNAL CONVICTION OR THE STANDARD OF PROOF?
The article, devoted in general to evidence in criminal proceedings, focuses on the problem of standards of proof and their role in ensuring the fairness of court decisions. The article studies the correlation of the concepts of “standard of evidence” and “standard of proof”, raises the question of criteria for assessing the sufficiency and reliability of evidence. Particular attention is paid to the interaction of the standard of proof with the subjective element – the judge’s inner conviction, which plays a key role in shaping the final decision. The paper analyses the contradictions that arise in applying these standards in the context of acquittal and defamation judgements, and discusses the safeguards for establishing the truth of a judgement in balancing procedural formality and judicial discretion. Purpose: the study of standards of proof, their content, the possibility of application in Russian criminal proceedings. Methods: general scientific methods (system and structural-functional analysis, synthesis, induction and deduction), as well as specific scientific (special) methods: comparative-legal, formal-legal, interpretative. Results: based on the conducted research, the author offers recommendations for improving legal mechanisms aimed at minimising judicial errors and strengthening confidence in the justice system.
Authors
- Asiia Okeanovna MASHOVETS
Institutions
- Ural State Law University (RU)
- Ural State Forestry Engineering University (RU)
Publication Details
- Journal
- The rule-of-law state theory and practice
- Published
- 2025-01-01
- DOI
- https://doi.org/10.33184/pravgos-2025.1.11
- Primary Topic
- Legal Education and Practice Innovations
- Type
- article
- Field-Weighted Citation Impact
- 0.00