PROCEDURAL COMPULSION IN THE INVESTIGATION AS A PREREQUISITE FOR DISCOVERING THE OBJECTIVE TRUTH

Yonko Kunchev ()
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Yonko Kunchev: Varna Free University "Chernorizets Hrabar"

THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, 2022, vol. 5, issue 1, 297-310

Abstract: The collection and verification of evidence in the criminal process is an activity that is ensured by procedural coercion, if citizens or officials in one way or another prevent its execution. In order for coercion to be justified in the investigation process, two prerequisites must simultaneously exist: a) it must be regulated by law and/or stem from it; b) the compulsion is objectively necessary, i.e. except through it there is no other way to provide an opportunity for the collection, verification and examination of evidence in the criminal trial. The subject of consideration are the features of procedural coercion when conducting various actions on the investigation.

Keywords: criminal process; objective truth; procedural coercion; investigation; rights and obligations; ethics (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vra:lbcs20:y:2022:i:1:p:297-310

DOI: 10.36997/LBCS2022.29

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