Prejudice in criminal process is an objective rule that is applied subjectively (analysis of the practice of courts of first and higher instances)

Abstract

The article analyzes the understanding and application of the institute of prejudice in criminal process. The author makes a conclusion about the general trend of using of this rule. The presumption of circumstances established in the course of civil, arbitration or administrative proceedings is usually recognized in criminal proceedings if they do not contradict the event, which is established by the criminal procedural evidence. The author points out the mistakes made in cases where article 90 of the Criminal Procedure Code of the Russian Federation is applied in criminal process.