Pažinimo proceso ir tiesos nustatymo baudžiamajame procese probleminiai aspektai.
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The object of this investigation was the explanation of the main concepts of evidence theory. Since 1 of may 2003 year, there’ve came into force the new criminal procedure code of Lithuanian Republic. So the main signs of evidence and all concepts need to form the new point of view and explain it in the theoretical level. The author tried to show the actuality of the main philosophical concepts such as cognition process and the truth. At first, if we wish to consider how to find the right circumstances about a crime, we should talk about evidentiary purposes and how to reach the truth. To find it we should refer to philosophical and also the law concepts. They help us to describe common things we know. The author tried to ground, that the evidentiary law in Lithuania is based on the philosophical direction of subjective realism today. There are to parts of cognition: direct and indirect knowledge, which are based on the philosophical direction of subjective realism as well. The object of knowledge is separate from processes of consciousness (direct knowledge) and intuition (indirect knowledge). Knowledge depends on the subject’s will and his experience, but one also needs to know real events. For that matter the truth is objective and really known. We should see objective and subjective sides of a criminal event in different ways, thus using objective (real investigating process) and subjective ways of cognition (mind working process). Also, the author tried to show, that the practical ant theoretical operations of cognition process go inseparably. So we will go the wrong way if we say that knowing is only a process of mind. Between practical and theoretical cognition operation processes there are stages of information gathering and proving what is true.
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