Stadards of Proof in Criminal Procedure (Comparative Analysis)

Abstract

In criminal process the main task of achieving result is forming of a verdict of guilty or acquittal on the basis of court decision. In this, every decision is grounded on independent evaluation of given evidences. Exactly these form the actuality of research – search for methodological and forming methods of evaluation of evidences. The author points out that evidences have different origin and application. That is why there is necessity that use of evidence in the framework of a judicial process has unified methodology. The author of the article provides such methodology on the basis of development of proof procedure. It has been determined that application of standards allows to use within criminal process differentiated sources thereby defining the boundaries of interaction between the subjects of the criminal process. The author of the article has found principles that form open standards of proof, that is, application of which is possible for all interested parties and which can be verified by controlling and supervisory bodies. The author in article provides not only the basis for development of methodological criteria, but also defines its practical application in all possible interpretations. Practical significance of research is defined by goals to increase transparency of criminal process and the possibilities of engaging relevant experts in the evaluation of evidence and general process of proof.