Criminal procedure from the aspect of Fichte's subjective idealism
A man encounters with the world with mind that represents to reach the truth about objective reality. Subject, aiming to know the reality, can get to many results, looking at it from different aspects, from which all of them can be logically correct, but only one can be truthful. Author in his paper...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2017-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2017/0550-21791701923G.pdf |
| _version_ | 1818560384982843392 |
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| author | Galić Miloš R. |
| author_facet | Galić Miloš R. |
| author_sort | Galić Miloš R. |
| collection | DOAJ |
| description | A man encounters with the world with mind that represents to reach the truth about objective reality. Subject, aiming to know the reality, can get to many results, looking at it from different aspects, from which all of them can be logically correct, but only one can be truthful. Author in his paper presents criminal procedure from the aspect of Fichte's subjective idealism. In this paper, we analyse dialectics of subjective idealism first, that is composed of three elements, thesis (consciousness of the subject about itself), antithesis (objective reality), and synthesis (qualitatively subjective knowledge). Due to inability to discover the absolute truth, subject comes to the most accurate result about a fact by consent with other subjects, meaning by consensus. In order to reach the truth about causa criminalis, the roles in criminal procedure must be divided among three different subjects. From the aspect of subjective idealism, the elements of criminal procedure are divided by the principle of division in three roles, defense (thesis), accusation (antithesis), and knowledge of the court about causa criminalis (synthesis). Only the principle of division in three roles presents the correct form of discovering the truth and secures the proper application of the law. Author reaches the conclusion that this principle is the most correctly applied in the mixed system of criminal procedure with an overview of flaws of accusatory and inquisitorial procedure. Used to lead to procedural justice, the principle of division in three roles is subjectively determined which makes it imperfect due to that fact it remains an open question, whether or not it is possible to reach procedural justice or it is just an imaginary ideal which the subjects of the procedure aim to reach. |
| first_indexed | 2024-12-14T00:37:50Z |
| format | Article |
| id | doaj.art-e5cef87983f241e8918d111330ab8661 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-14T00:37:50Z |
| publishDate | 2017-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-e5cef87983f241e8918d111330ab86612022-12-21T23:24:32ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552017-01-01513-192393810.5937/zrpfns51-150140550-21791701923GCriminal procedure from the aspect of Fichte's subjective idealismGalić Miloš R.0Univerzitet u Novom Sadu, Pravni fakultet u Novom Sadu, SerbiaA man encounters with the world with mind that represents to reach the truth about objective reality. Subject, aiming to know the reality, can get to many results, looking at it from different aspects, from which all of them can be logically correct, but only one can be truthful. Author in his paper presents criminal procedure from the aspect of Fichte's subjective idealism. In this paper, we analyse dialectics of subjective idealism first, that is composed of three elements, thesis (consciousness of the subject about itself), antithesis (objective reality), and synthesis (qualitatively subjective knowledge). Due to inability to discover the absolute truth, subject comes to the most accurate result about a fact by consent with other subjects, meaning by consensus. In order to reach the truth about causa criminalis, the roles in criminal procedure must be divided among three different subjects. From the aspect of subjective idealism, the elements of criminal procedure are divided by the principle of division in three roles, defense (thesis), accusation (antithesis), and knowledge of the court about causa criminalis (synthesis). Only the principle of division in three roles presents the correct form of discovering the truth and secures the proper application of the law. Author reaches the conclusion that this principle is the most correctly applied in the mixed system of criminal procedure with an overview of flaws of accusatory and inquisitorial procedure. Used to lead to procedural justice, the principle of division in three roles is subjectively determined which makes it imperfect due to that fact it remains an open question, whether or not it is possible to reach procedural justice or it is just an imaginary ideal which the subjects of the procedure aim to reach.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2017/0550-21791701923G.pdfcriminal procedurethesisantithesissynthesis |
| spellingShingle | Galić Miloš R. Criminal procedure from the aspect of Fichte's subjective idealism Zbornik Radova: Pravni Fakultet u Novom Sadu criminal procedure thesis antithesis synthesis |
| title | Criminal procedure from the aspect of Fichte's subjective idealism |
| title_full | Criminal procedure from the aspect of Fichte's subjective idealism |
| title_fullStr | Criminal procedure from the aspect of Fichte's subjective idealism |
| title_full_unstemmed | Criminal procedure from the aspect of Fichte's subjective idealism |
| title_short | Criminal procedure from the aspect of Fichte's subjective idealism |
| title_sort | criminal procedure from the aspect of fichte s subjective idealism |
| topic | criminal procedure thesis antithesis synthesis |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2017/0550-21791701923G.pdf |
| work_keys_str_mv | AT galicmilosr criminalprocedurefromtheaspectoffichtessubjectiveidealism |