ПРИНЦИПЪТ ЗА ВЗЕМАНЕ НА РЕШЕНИЯ ПО ВЪТРЕШНО УБЕЖДЕНИЕ В БЪЛГАРСКИЯ НАКАЗАТЕЛЕН ПРОЦЕС
THE PRINCIPLE OF INTIME CONVICTION IN THE BULGARIAN CRIMINAL PROCEDURE

Summary/Abstract: The principle of intime conviction is enshrined in art. 14 of the Code of Criminal Procedure (CCP) entitled “Decision taking in accordance to intime conviction”. The study argues that this title is too broad and imprecise; that art. 14 (1) CCP actually defines another principle – the principle of independence; that the principle of intime conviction is to be found only in art. 14 (2) and it concerns the evaluation of evidence. These conclusions are supported by historical analyses of the principle. The two aspects of the principle are discussed: the intime conviction as a method of evaluation of evidence and the intime conviction as a standard of proof. Their content is revealed and the exceptions to the principle as a method of evaluation are briefly examined. As standard of proof the principle means certainty and reveals no difference compared to the Anglo-American standard “beyond reasonable doubt”. A proposal for a reformulation of art. 14 CCP is made.

• Details
• Contents