The problematical aspects of cognition process and the truth, as this procedure purpose in criminal procedure
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Abstract
The object of this investigation was the explanation of the main concepts of evidence theory. Since 1 of may 2003 year, there’ve came into force the new criminal procedure code of Lithuanian Republic. So the main signs of evidence and all concepts need to form the new poit of view and explain it in the theoretical level.
The author tried to show the actuality of the main phylosophycal concepts such as cognition process and the truth. At first, if we wish to consider how to find the right circumstances about a crime, we should talk about evidentiary purposes and how to reach the truth. To find it we should refer to philosophical and also the law concepts. They help us to describe common things we know. The author tried to ground, that the evidentiary law in Lithuania is based on the philosophical direction of subjective realism today.
There are to parts of cognition: direct and indirect knowledge, which are based on the philosophical direction of subjective realism as well. The object of knowledge is separate from processes of consciousness (direct knowledge) and intuition (indirect knowledge).
Knowledge depends on the subject’s will and his experience, but one also needs to know real events. For that matter the truth is objective and really known. We should see objective and subjective sides of a criminal event in different ways, thus using objective (real investigating process) and subjective ways of cognition (mind working process).
Also, the author tied to show, that the practical ant theoretical operations of cognition process go inseparably. So we will go the wrong way if we say that knowing is only a process of mind. Between practical and theoretical cognition operation processes there are stages of information gathering and proving what is true.
The proof in its narrow meaning demands logical mind operation processes and validity of argumentation, i.e. relevance and admissibility; that we do when we collect the evidence, which integrate both, cognition process and argumentation.
The truth we reach in cognition process (evidentiary process) is based on two criterions: self-confidence and practical experiences.
That shows us, objective features (attributes) of a crime we’ve found in the materials of criminal case, we found real circumstances of a crime instrumentality he used, the damage he’s done. Subjective attributes of a crime we could find only in an idealistically way of cognition. The attributes such as guilty, relevancy between the way of committing a crime and the damage he’s done.
The author tried to show the actuality of the main phylosophycal concepts such as cognition process and the truth. At first, if we wish to consider how to find the right circumstances about a crime, we should talk about evidentiary purposes and how to reach the truth. To find it we should refer to philosophical and also the law concepts. They help us to describe common things we know. The author tried to ground, that the evidentiary law in Lithuania is based on the philosophical direction of subjective realism today.
There are to parts of cognition: direct and indirect knowledge, which are based on the philosophical direction of subjective realism as well. The object of knowledge is separate from processes of consciousness (direct knowledge) and intuition (indirect knowledge).
Knowledge depends on the subject’s will and his experience, but one also needs to know real events. For that matter the truth is objective and really known. We should see objective and subjective sides of a criminal event in different ways, thus using objective (real investigating process) and subjective ways of cognition (mind working process).
Also, the author tied to show, that the practical ant theoretical operations of cognition process go inseparably. So we will go the wrong way if we say that knowing is only a process of mind. Between practical and theoretical cognition operation processes there are stages of information gathering and proving what is true.
The proof in its narrow meaning demands logical mind operation processes and validity of argumentation, i.e. relevance and admissibility; that we do when we collect the evidence, which integrate both, cognition process and argumentation.
The truth we reach in cognition process (evidentiary process) is based on two criterions: self-confidence and practical experiences.
That shows us, objective features (attributes) of a crime we’ve found in the materials of criminal case, we found real circumstances of a crime instrumentality he used, the damage he’s done. Subjective attributes of a crime we could find only in an idealistically way of cognition. The attributes such as guilty, relevancy between the way of committing a crime and the damage he’s done.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
