„СУДСКО УТВРЂИВАЊЕ ЧИЊЕНИЦА У КРИВИЧНОМ ПОСТУПКУ“ – УСПОСТАВЉАЊЕ СТВАРНОСТИ ИЗВРШЕНОГ ДЕЛА
JUDICIAL DETERMINATION OF FACTS IN CRIMINAL PROCEEDINGS

Summary/Abstract: This paper examines a complex system of judicial determination of facts in criminal proceedings, which relate to the elements of statutory definition of criminal offense. The author points out the difficulties a judge faces when performing this segment of his work. When examining, from a theoretical point of view, the quality of evidence to be evaluated by the judge, as well as methodological procedures to be undertaken during this evaluation, the author makes some conclusions as to the truth which is yearned-for in criminal proceedings. Namely, since the facts of a criminal offense are not ‘determined’ but rather ‘established’ by the court, as put forward by the author, the truth that is sought-for in the criminal proceedings cannot be qualified as the ‘material’ truth: the author rather names it the ‘forensic’ truth. The forensic truth may serve as the basis for just and impartial decision-making, and should be regarded as authoritative, since it actually is the maximum of truth that may be acquired before the courts.

• Details
• Contents