Once again, it is time to talk about moral principles. This concept is clearly established in the law. But its content-content remains in the circle of discrepancies. The countdown of its history is usually considered when referring to the essay by A.F. Kony ‘Moral principles in criminal proceedings (General features of judicial ethics)’. This article is based on the author’s previous research, which showed that the idea of moral principles as a corresponding category was suggested by A.F. Kony and F.M. Dostoevsky. The article is devoted to the further goal-to extract the missing (according to the essay by A.F. Kony) information about moral principles from the artistic and publicistic works of F.M. Dostoevsky. The works of F.M. Dostoevsky are considered from the point of view of searching for the mechanism of the criminal justice system taking into account the moral principles. A.F. Kony’s essay on moral principles is filled with the history of the criminal process, and only a small part of it has become considered as a mission statement and widely.
Analyzed in this article is the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 dated 30 June 2015 “On the practice of courts of law, ensuring the right to defense in criminal proceedings”. The new feature of the defendant is determined – statement of the court procedure to the temporary absent or remote defendant. It is proved that in Article 73 of the Code of Criminal Procedure, with the obvious desire of the legislator to include in the subject of proving the circumstances established in the protection contains no direct reference to the non-participation of a person to commit a crime. Epistemologically, self-confidence as the lack of evidences is not accepted as a direct proof. Indirectly, alibi is the fact that the accused person was in the other place when the crime had been committed, indicates the innocence or alias (physical disconnect of the accused person and the real person who committed the crime), or alter (physical disconnect of the accused person and the mechanism of committing the crime). It is proved that the application of these and other arguments in favor of the accused should result in their including in disprove.
Expert opinion and evidence is a new kind of evidence in criminal proceedings. There are still a lot of gaps regarding the expert’s opinion in law and in practice. The expert invited by the defender for the criminal case study, conducts a short survey using portable equipment, if it does not damage the materials under study. This requires the judge’s permission. Polygraph testing is carried out by a specialist. The expert can check everything that is available for public inspection: streets, buildings, countryside. The defender can announce in court the information obtained on the expert’s advice.
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