THE CONCEPTS OF TRUTH AND THEIR IMPLEMENTATION IN THE CRIMINAL PROCEEDINGS OF THE COMMON LAW AND CONTINENTAL LAW SYSTEMS

Abstract

The article provides a comprehensive analysis of the concepts of truth and their legislative implementation in the criminal proceedings of the common law and continental law systems on the example of the United States of America as a basic representative of the Anglo-American (common) law system, as well as the Federal Republic of Germany, the French Republic and Ukraine as typical representatives of the Romano-Germanic (continental) law system. The author's analysis of the legislation regulating the criminal proceedings of foreign states, including both representatives of the continental law system, characterized by a mixed type of procedure, and the common law system with its adversarial model, gives the possibility and grounds for the author to state that none of them refuses the idea of establishing truth in the criminal proceedings. Pursuant to the results of the research conducted, it is substantiated that the dominant for the criminal proceedings in the states of the continental law system is the classical understanding of truth, objectified in the concept of substantive (objective) truth. In turn, the common legal system is characterized by the concept of formal (legal, judicial) truth, which rejects the idea of substantive truth based on the theory of correspondence.