The principle of the free evaluation of evidence

Abstract

The principle of free evaluation of evidence, enshrined in Article 2(12) of the Code of Criminal Procedure, is one of the fundamental principles of criminal proceedings, which applies to all phases of criminal proceedings and applies to all law enforcement authorities and courts. A key element of this principle is the internal conviction of the prosecuting authorities and the court, which must be based on a logical analysis of the evidence and taking into account the specific features of the case. The essence is that none of the evidence has a prescribed weight in criminal proceedings, and there are no specific limits or scope of evidence that can and should prove a certain fact at different stages of criminal proceedings This paper focuses on the analysis of the principle of free evaluation of evidence, its legal grounding, objective criteria for determining the probative value and the influence of decision-making practice on its interpretation and application.