Trokhliuk О. The ensuring proof of guilt as the principle of criminal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003195

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

26-05-2017

Specialized Academic Board

Д. 26.001.05

Essay

in the domestic criminal proceedings were outlined and the particularities were characterized. It was provided the classification of ECHR's decisions regarding the principle of ensuring proof of guilt in the criminal proceedings into the following groups: 1) imposing the burden of proving the guilt; 2) using unlawfully obtained evidence to prove the guilt; 3) proof of guilt "beyond a reasonable doubt". The parties who shall have the burden of proof of guilt as a requirement of the principle of ensuring proof of guilt under the pre-trial investigation were established. The due process of law regarding the proof of guilt as a requirement of the principle of ensuring proof of guilt under the pre-trial investigation as well as under the trial was defined. The mechanism for ensuring proof of guilt under pre-trial investigation was defined and ways of its implementations were presented.

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