The conscience of an investigator or a judge when assessing evidence in criminal proceedings: the moral aspect

Background. The moral and ethical category "conscience" received its legislative consolidation in section 17 of the code of criminal procedure "Freedom of evidence evaluation», thus giving rise to scientific and practical discussions about the possibility of its existence in the criminal process. Scientists-processualists perceive this moral and ethical category in different ways: some of them suggest replacing the category "conscience "with" legal awareness", others - completely remove it from the criminal procedure law, considering conscience a "dead word". The aim of the work is to investigate the possibility and necessity of having the moral and ethical category "conscience" in criminal proceedings and giving a new essential meaning to it, as well as the implementation of the updated category of "conscience" in investigators’ and courts’ work when evaluating evidence. Methods. To achieve the goal, a number of sources were analyzed: scientific literature on the problems of criminal proceedings, works of Eurasians, as well as publications of philosophers devoted to the spiritual and moral foundations of the Russian community. The study is based on comparative legal, systemic and spiritual methods. Results. Two diametrically opposite approaches to understanding the category of "conscience" are studied: Eurasian and liberal. It shows the dangers that are contained in the Western liberal Protestant view of the category of conscience: these are manifestations of arbitrariness, usurpation of truth. An explanation is given for why the Eurasian view of the category of conscience is the correct and only true one for the domestic criminal process. Conclusions. According to the results of the study, the moral and ethical category "conscience" should be in section 17 of the criminal procedure code as an instrument of internal persuasion of the investigator and judge, as well as find its embodiment in the fairness of their decisions. This ethical category will have a Eurasian spiritual and moral nature.

Eurasianism, liberalism, conscience, justice, spiritual and moral values, evaluation of evidence