The Legal Fiction in Criminal Proceedings – Is it Historical Anachronism or Objectively Conditional Necessity?

Abstract

Quite often, for one or the other purpose, the fact (or phenomenon) that does not exist is presented to the society or individuals as the real, really existing although it (the fact or phenomenon) simply does not exist in the real life. And often the term “fiction” is used to describe such phenomena. Although fiction is considered an inseparable companion of a social life, the question arises what the actual (true) fiction is and whether the use of it in criminal proceeding does not mean an intentional law maker’s (or the person’s applying the law) fraud, deceit directed towards the addressee of the applicable law. Fiction and its impact on criminal proceedings is analyzed in this article. Features, characterizing fiction are discussed here as well.