| Abstract [eng] |
The Criminal procedure code of Lithuania, entered into the force first May 2003, replaced the long prevailing notion of evidence while adjusting the evaluation of evidence approach whereby the prerogative of recognition of facts and the evaluation of evidence is concentrated in the only single entity, that is, in the hands of the court. The significance of the evaluation of evidence, being as the main part of the substantiation process, is unquestionable right neither in doctrine, neithet in case law. Firstly, the paper provides a brief historical overview of the evaluation of the evidence existed systems, emphasizing on the inquisitorial criminal process during the life of evidence prevailing in the formal evaluation system, court’s role in it and it’s full discedit by transition to the new evaluation system, with it’s core – free evaluation of evidence. Further in the paper is particularly analysed the suggestions of Lithuanian and foreign authors', how should be defined the term – evaluation of evidence and trying to give a definition of its key features distinguish, namely, requirement for the evaluation of facts (evidence) to follow the inner conviction, justifying it on thorough and impartial examination of the circumstances, requirement for the overall evaluation process and its outcome – follow the law. Each rule is derived through the analysis of legislation, doctrine and judicial practice. Much attention is paid to the formation process of inner conviction, it’s objective and subjective sides. The analysis of the other evaluation criteria - requirement to follow the law, is stressed that such a requirement should not be construed only as a guide instruction of the Code of Criminal Procedure, but also includes other legal sources. Finally, the paper reveals the content of the evaluation of the facts (evidence), including the evaluation on the relevance and the admissibility of the facts (evidence) and them as a whole - the sufficiency of the facts (evidence). |
