THE CONCEPT OF PROOF IN THE CRIMINAL PROCESS

Published 2024-07-05
ECONOMICS AND LAW Vol. 66 No. 4 (2021)
№4 (2021)
Authors:
  • T.SH. BISSEMBIEV
PDF

Establishment of specific facts related to the correct resolution of a criminal case, the accused, the
victim; physical evidence; protocols of procedural actions and other documents.
Consideration of actions and evidence in court is carried out by the resolution of the preliminary investigation in
criminal cases. Procedural bodies (investigator, prosecutor, court) can identify an offense on the basis of evidence only
in all its circumstances. On the basis of the evidence, the accused who committed the crime tells the court, the prosecutor
and the defense counsel about the charges against him, which precludes him from mitigating or presenting his claims.
The court concludes that the convincing evidence of the guilt or innocence of the accused is to convict or acquit on the
grounds provided by the prosecution and the defense.
Therefore, the study of the problems of evidence theory belongs to the discipline of elastic science, which is an
important link in the process of proof in criminal cases. Evidence theory is the department of science and science as the
content of evidence in criminal proceedings. The subject, goals, causes and procedure of action is a set of scientific
conclusions, that is, covering this doctrine of law and theory urn. The concept of proof, the theory of proof must be
distinguished from the accepted concept of law.

  1. The Constitution of the Republic of Kazakhstan dated August 30, 1995 (with amendments and additions as of 23.03.2019). [Electronic resource]).- Access mode: URL: https://online.zakon.kz/Document/?doc_id=1005029
  2. Spasovich V.D. (2001) On the theory of judicial evidence in connection with the judicial system and judicial proceedings. M.: «Lexest».
  3. Criminal Procedure Code of the Republic of Kazakhstan. July 4, 2014. No. 231-V KRZ. (with amendments and additions as of 04.09.2021). [Electronic resource] - Access mode: URL: https://adilet.zan.kz/kaz/docs/K1400000231
  4. Wikipedia information obtained in the open encyclopedia. https://ru.wikipedia.org/
  5. Arsenyev V.D. (1964). Questions of the general theory of judicial evidence in the Soviet criminal process. M.: Publishing house «Legal literature».
  6. Belkin R.S., Vinberg A.I. (1978). «Criminalistics. Theoretical problems». – M.: Yurid. literature.
Court, prosecutor's office, investigative bodies, evidence, proof, criminal procedure legislation, criminal offense.

How to Cite

THE CONCEPT OF PROOF IN THE CRIMINAL PROCESS. (2024). Scientific Journal "Bulletin of the K. Zhubanov Aktobe Regional University", 66(4). https://vestnik.arsu.kz/index.php/hab/article/view/192