What is proof? Essence, types and methods of proof

Proof - what are we talking about and what does this term mean? We are accustomed to the word and use it in everyday life, without even thinking about what is legally proof.

Types and features

There are several main groups of this concept:

- scientific;

- legal;

- Ordinary.

In addition to those listed, there are others that are less common in life. So much you can think of the kinds of evidence, how much people invented ways of knowing the truth.

Judicial and logical are two fundamentally different groups of evidence. Logical implies the refinement of inference with the verification of how it corresponds to the truth. The essence of the proof is in reconciling the truth, using the instrument of facts. If we talk about legal subtleties, then the fact can be obtained if we prove a certain hypothesis. Thus, a fact can not be an instrument, its role is played by a trace.

Each action leaves a trace. This law, called the "reflection theory", is the basis of the modern theory of evidence.

Proof from a legal point of view

Understanding what such proof is from the point of view of lawyers, one must remember that not every trace can be used in the process. There are several well-known requirements, for compliance with which every potential trace is checked. The requirements of the civil, criminal code differ from each other.

First requirement

Collect evidence only in a way that does not violate the law. But when it comes to the criminal process, the situation is somewhat different. Here, the activity for obtaining traces is considered criminal procedure, where the case is initiated first, then it is necessary to go through the remaining stages of production. Civil cases oblige to look for traces before the process or outside it.

It is necessary to understand, there are such types of evidence that it is simply impossible to detect outside the process. A typical example is examination. It can be appointed by the court, and the result is used in a particular case. Knowing that such a proof, it becomes clear that the testimony of witnesses also refers to the group of those that can be obtained exclusively during the investigation. On the side you can get a variety of materials, substances, objects, audio recordings and video materials. It is permissible for traces to be collected when the matter is already put into production, and the search takes place in isolation from the actual events in the court.

Limitations and possibilities of investigation

Evidence of evidence indicates that if a particular proof was obtained in the commission of illegal actions, it is considered inadmissible and can not figure in the case. This applies to the criminal-legal code. The situation is different with civil cases.

Violation of the law in this situation is a crime of the procedural law. Here we are talking about the fact that freedom, human rights were violated in the course of investigative activities.

There are two key concepts:

- the mechanism of trace formation;

- a mechanism for collecting evidence.

Each of them is blameless or vicious. What is a vicious proof of the trace formation mechanism? This is a situation where the rights, freedoms of some person were violated already at the stage of creating evidence.

The second requirement

The second requirement, presented by the laws of our country to the evidence, is a source open to the court. This is stated in the articles under the numbers 69, 77: if the witness is unable to indicate where the information came from him, if it is not known when, who wrote the media file, one can not say that such proof is admissible for acceptance into the office work.

Third requirement

This requirement is the last, if we follow the legislation of the Russian Federation. It's about the research mode. The issue is dealt with 157 articles stating that it is necessary to hear and interrogate all witnesses, be sure to carefully study written testimonies, view and listen to any media files available in the case. The regime in which each of the points is examined is selected based on the requirements of the law and in accordance with the principle of immediacy. The civil legal code regulates the formation of the research regime, based on human senses.

Arbitration court

If the arbitration court took the case, the person taking part in the process and referring to some evidence must necessarily prove it. Thus, the significance of concrete evidence increases, as its validity can be key to the outcome.

Evidence in civil is not facts, but information known about them. The court talks about the circumstances that are important for the case in question, or do not matter, analyzing:

- method of collection;

- sufficiency;

- Proximity to the topic of the trial.

Proof is transformed into an uneasy logical and practical task, solved jointly by the persons participating in the case.

Direct and indirect: what is it about?

Allocate direct proof and indirect. Separation occurs, proceeding from the relation to the concrete studied circumstance. Direct indicates one step, as the name implies, directly. The content of such evidence is a fact that must be proved. A typical example: a witness who in detail can tell about a crime.

But indirect indicates the fact, but it is not obvious. A direct indication occurs on some third fact, and as such a circumstance does not mean anything legally. However, the conclusions allow us to state that the sought-for fact is found. On an example with a witness: if a person can not say that he saw the person who committed the crime, but watched someone who escaped from the scene about this time, you can draw the appropriate conclusions.

Peculiarities of judicial record keeping

According to the laws that differentiate the different methods of proof, it is possible to present certain information not only to the parties involved in the analysis of events, but also to other persons involved in the process. This happens when the court appeals to these persons: the court proposes to provide additional evidence in the case, if any. When the question turns out to be difficult, the court can help in collecting evidence and demanding information. This happens only by a specially designed petition.

If you pay attention to the form of the application, you can see that it is required without fail:

- to formulate a proof;

- specify what circumstances must be refuted;

- indicate the circumstances to be confirmed;

- clarify the impact on the circumstances of the case, how they depend on what is expected to be studied.

If the application is satisfied, the court issues a request to the person holding the proof. Sometimes a request is formed to the party so that it receives proof. When the event is successfully completed, the evidence is submitted to the court or given personally to the person who owns the request.

In the event that a citizen is unable to present evidence within a specific time limit, or can not do so at all, he notifies the relevant authorities with an official letter. The law allocates for this period 5 working days. It is obligatory to indicate all the reasons why a subject can not satisfy a judicial claim.

Instead of output

Understanding the judicial system of the Russian Federation, we have to admit that it is not easy to navigate without appropriate education in all subtleties and nuances. However, if a citizen is involved in some process, he should know the basic terms, understand how the proceedings take place and how to obtain evidence. This will help to defend their interests. Remember that there is some evidence that can not be accepted by the court. For example, this refers to the situation when a person testifies against himself.