The Crucial Role of Court Proceedings Reports in Criminal Case Proceedings and the Dilemma of Judicial Decision-Making

Court Proceedings Reports criminal procedure law judge's verdict legal positivism

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December 31, 2023

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The impact of legal positivism on the development of law enforcement has been substantial. Judges, when deciding a case, consistently adhere to the indictment presented by the Public Prosecutor, even though at times the indictment may conflict with the facts presented during the trial. In such instances, the role of the Court Session Report in the trial process seems to be merely that of a record rather than a factual account that also warrants consideration. This research aims to examine the position of the Court Session Report in criminal case proceedings and whether it can serve as a basis for a Judge's decision outside the scope of the indictment, particularly when the contents of the indictment differ from the proven facts in court. The status of the Court Session Report as a basis for evidence is deemed equally significant as the position of the Indictment prepared by the Public Prosecutor. There are two perspectives regarding the authority of the Judge in deciding a case. First, the judge is obligated to strictly adhere to the indictment presented by the Public Prosecutor. Second, or a perspective that prioritizes substantive justice, the judge may consider the Court Session Report as a basis for deciding a case brought before them.