Conflict between morality and law in criminal proceedings: theoretical aspects and practical examples

Abstract

"Criminal law, like other branches of law, is subject to the same moral principles, however, it is in criminal cases that a judge often resorts to ethical categories, since the type of punishment imposed may affect not only the restriction of the accused’s fundamental rights and freedoms, but also the future security of society. The purpose of the Article is to analyse the phenomena of morality and law as related categories in the administration of justice in criminal cases, and the importance of maintaining a balance between them when assessing evidence and imposing punishment in order to render a fair and impartial court decision. Given the peculiarities of the goal, the author has chosen a systematic approach based on general scientific and special scientific research methods, including systemic and structural, formal legal, comparative legal and other methods. Based on the legal analysis of current Ukrainian case law, the author identifies the real ethical challenges, which a judge faces when considering criminal cases and how to overcome them, resulting in a moral and fair decision supported by the law. The author also focusses on the insufficient coverage of numerous moral challenges in criminal cases among Ukrainian judges and provides suggestions on possible measures to improve educational activities in this area. Keywords: criminal law, moral challenges, court, justice."