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Procedural Compulsion In The Investigation As A Prerequisite For Discovering The Objective Truth

Author

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  • Yonko Kunchev

    (Varna Free University "Chernorizets Hrabar")

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.

Suggested Citation

  • Yonko Kunchev, 2022. "Procedural Compulsion In The Investigation As A Prerequisite For Discovering The Objective Truth," THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, University publishing house "Science and Economics", University of Economics - Varna, vol. 5(1), pages 297-310, December.
    • Handle: RePEc:vra:lbcs20:y:2022:i:1:p:297-310
    DOI: 10.36997/LBCS2022.29
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    More about this item

    Keywords

    criminal process; objective truth; procedural coercion; investigation; rights and obligations; ethics;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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