The article is devoted to the urgent problem of proof in court, which is one of the most important areas of activity of the public prosecutor, contributing to the establishment of truth by the court to make a reasoned and fair decision. Moreover, not only the result, on which the activity of proving is directed, should be true, but also the process of proving itself. After analyzing the criminal procedure legislation, judicial practice, the author comes to the following conclusions: – proof of guilt of the accused cannot be based on only indirect or direct evidence. Evidence is based on a combination of indirect evidence that forms a single picture of the crime and affirms the guilt of the defendant, or on a combination of direct and indirect evidence; – the accusation must be lawful, justified and true, which means that it is built on facts and not on arguments and assumptions; – question of the nature and content of truth in criminal proceedings is controversial in science and in judicial practice. At the hearing the public prosecutor upholds the legality and validity of the accusation, he is obliged to strive to establish the factual circumstances of the case and the correct qualification of the crime; – goal of the public prosecutor’s work in proving the charge is to establish the truth in the case. The accusation must be based on facts, and be lawful and justified.
Keywords: criminal proceedings; public prosecutor; evidence; accusation; criminal process
Lecturer of the Department of Criminal Procedure and Administrative Law Disciplines the Voronezh Institute of the Federal Penal Service of Russia, Voronezh, Russian Federation, PhD. in Law
, e-mail email@example.com
1. Grigor’ev V. N., Pobedkin A. V., YAshi V. N. Ugolovnyj process [Criminal process]. Moscow, 2008. 816 p. (In Russ.).
2. Zinatullin Z. Z., Egorova T. Z., Zinatullin T. Z. Ugolovno-processual’noe dokazyvanie: konceptual’nye osnovy [Criminal
Procedure Evidence: A Conceptual Framework]. Izhevsk, 2002. 228 p. (In Russ.).
3. Lupinskaya P. A. Dokazatel’stva i dokazyvanie v novom ugolovnom processe [Evidence and proving in a new criminal
trial]. Rossijskaya yusticiya – Russian justice, 2012, no. 7, pp. 5–8. (In Russ.).