Standards of Proof in Criminal Case
Article deals with some theoretical issues of the law of evidence related to the definition and content of limits of proof and sufficiency of evidence, determining criminal cases at different stages of criminal procedure. Based on the analysis of opinions in scientific literature an author states that the limits of proof in criminal procedure mean cumulative evidence in a criminal case. To make a reasonable decision participants of criminal proceedings use the notion of sufficient evidence, which is not defined in the criminal procedure law. This term, being a feature of cumulative evidence needed for a decision, is interpreted on a case by case basis, as required by the principles of evaluation of evidence according to judge's discretion. However, there are a number of restrictions on judge's discretion: in particular, the unity of judicial practice and existing forensic investigative standards of the necessary extent of arguing and proving of the main circumstances in typical situations. The crucial circumstances are determined under these standards. The author proposes variants of interpretation of the notions and rules of the Russian criminal procedure law within the context of the problems examined in the article.