THE IDEA OF OBJECTIVE TRUTH IN CRIMINAL PROCEEDINGS: LEGAL ARCHAEOLOGY AND THE THREAT OF CONCEPTUAL RECIDIVISM
Rubrics: LAW
Authors:
Type:
Article
Pages:
from 12
to 15
Status:
Published
Received:
16.04.2026
Accepted:
20.04.2026
Published:
20.04.2026
Subject area:
VAK Russia 5.1.4
Language:
Russian
Keywords:
objective truth, competitiveness, criminal procedure, art. 17 of the Code of Criminal Procedure, judicial cognition, legal methodology, criminal policy
Abstract:
The category of «objective truth» in criminal proceedings is being critically analyzed, both from a philosophical and legal and from a criminal procedural point of view. The methodological vulnerability of this category and its theoretical incompatibility with the adversarial model of justice are shown. Special attention is paid to the provisions of art. 17 of the Code of Criminal Procedure of the Russian Federation, in which, according to the author, the legislator made an unsuccessful attempt to avoid directly mentioning objective truth, while maintaining its latent presence. A conceptual alternative is proposed based on the recognition of procedural balance, the presumption of lack of evidence, and the idea of a fair (rather than «true») resolution of a criminal case. The conclusion is drawn about the need for a normative and methodological transformation of procedural thinking in the spirit of legal modesty, epistemological realism and humanistic criminal policy.
The category of «objective truth» in criminal proceedings is being critically analyzed, both from a philosophical and legal and from a criminal procedural point of view. The methodological vulnerability of this category and its theoretical incompatibility with the adversarial model of justice are shown. Special attention is paid to the provisions of art. 17 of the Code of Criminal Procedure of the Russian Federation, in which, according to the author, the legislator made an unsuccessful attempt to avoid directly mentioning objective truth, while maintaining its latent presence. A conceptual alternative is proposed based on the recognition of procedural balance, the presumption of lack of evidence, and the idea of a fair (rather than «true») resolution of a criminal case. The conclusion is drawn about the need for a normative and methodological transformation of procedural thinking in the spirit of legal modesty, epistemological realism and humanistic criminal policy.
Keywords:
objective truth, competitiveness, criminal procedure, art. 17 of the Code of Criminal Procedure, judicial cognition, legal methodology, criminal policy
objective truth, competitiveness, criminal procedure, art. 17 of the Code of Criminal Procedure, judicial cognition, legal methodology, criminal policy
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