INFORMATION AND LOGICAL MODEL OF PROOF FORMATION

Abstract

Abstract: the article examines the complex nature of the formation of criminal procedural evidence based on several branches of scientific knowledge. The author identifies the stages of the process of proof and examines their content in relation to adversarial criminal proceedings. The author of the article focuses on a complex of epistemological, logical, criminalistic, criminal-procedural branches of scientific knowledge, on the basis of which the final procedural knowledge is obtained on the facts and circumstances of the crime committed. The author considers proof as a unity of cognitive and certifying activity, within the framework of which evidential information is extracted from the environment of reflection, undergoes verification through certifying procedures, withstands the influence of the parties and receives final recognition as a result of an adversarial trial. In the course of the judicial stage of the formation of evidence, the logical nature and psychological basis of the presented evidentiary information are revealed, the relationships and interdependencies between individual facts, phenomena, subjects, causes and consequences are revealed. Based on the results of forensic evidence, evidence is given the value of fact-evidence, i.e. procedural knowledge. Understanding evidence as knowledge is important for the law enforcement officer to make a final decision on guilt or innocence.

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