THE ISSUE OF DOUBT IN CRIMINAL PROCEDURE Cover Image

О СУМЊИ У КРИВИЧНОМ ПОСТУПКУ
THE ISSUE OF DOUBT IN CRIMINAL PROCEDURE

Author(s): Vladimir V. Vodinelić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: This study is a final result of author’s theory on doubt in criminal procedure. In his introduction the author applies dynamic principle to the following notions: general doubt, foundations of doubt, reasonable doubt and doubt (probability in its narrow meaning). After the introduction the following controversial issues are treated in the study: whether the doubt can be distinguished from probability; the author criticizes the viewpoint of some Yugoslav experts in criminal procedure_ according to which the doubt is but a degree of certainty; the attention is also paid to theoretical consequences of the provisions contained in article 271, sub-paragraph 4 of the Law on Criminal Procedure, and a logical, system and teleological analysis has been done of article 158, paragraph 3, 157, paragraph 1 and 174 of the same Law. In the remaining part of his study the author considers the system- -structural approach to the categories of probability, certainty and truth — in the sphere of criminal procedure.

  • Issue Year: 35/1987
  • Issue No: 2
  • Page Range: 186-217
  • Page Count: 32
  • Language: Serbian