CRITERIA FOR DEFINITION CREDIBILITY OF CRIMINAL OFFENSES
Keywords:
simplified proceedings, order proceedings, evidence of a criminal offens, criteria and evidence of evidence, evidence of the actual side of the act, clarity of the legal qualification of the offense, ease of establishing the circumstances of the criminal case, beyond reasonable doubt, internal convictionAbstract
The mainstream of globalization allows you to integrate new forms of pre-trial proceedings, previously not characteristic of the traditional and decades-old national procedural system. Meanwhile, the often implemented institutions and elements of the foreign criminal process do not always achieve the goals stated by the developers and justify themselves in practice. It seems that an additional comprehensive scientific study is needed, as well as a period of pilot testing at the local level.
One of the directions for improving the criminal policy in the Republic of Kazakhstan is the differentiation of procedural forms of investigation for the effective solution of the tasks of criminal proceedings, taking into account the optimal procedural savings. The purpose of the article is to develop proposals for improving the criminal procedure legislation of the Republic of Kazakhstan regarding the issue under consideration. The research methodology was based on general scientific and private scientific methods, such as analysis, synthesis, generalization, logical-theoretical, system-structural, formal-legal, comparative legal methods.
The authors substantiated the necessity of introducing into criminal procedure legislation such definitions as “evidence of a criminal offense” and “beyond reasonable doubt”.
In the framework of the study of issues of order proceedings in the criminal process, the criteria and mandatory signs of complex forms of pre-trial criminal proceedings are defined: evidence of the actual side of the act, clarity of the legal qualification of the offense and ease of establishing its circumstances. t the same time, the content of the criteria and signs of evidence should maintain a balance between the public interest and the constitutional rights of the citizen, reinforcing the principle of the presumption of innocence of the person brought to criminal liability. Criteria and features that determine the evidence of a criminal offense are highlighted.