| Abstract [eng] |
Free Evaluation of Evidence and Inner Conviction of Judge The criminal process development history can be distinguished into the classic adversarial model, the inquisitive model and the mixed model. In the classic adversarial process stage dueling, water and fire challenges existed. Later the criminal process improved and the classical adversarial process was replaced by the inquisition process, in which the theory of formal evidence dominated. Finally, the criminal process proceeded to existing mixed process, in which the principle of free assessment of evidence by internal conviction is dominating. One of the most important rule is the evaluation of evidence, which consists of assessing their admissibility, touchability, certainty and sufficiency. The court assesses the data (evidence) and decides which data can be considered as evidence and which should be rejected. The judge is free to assess the data (evidence) in the case. The doctrine contains the principle of the free assessment of evidence, which states that all the data (evidence) in the case are equal, and no one is superior to the other. The CCP specifies that the judge assesses the evidence on the basis of his internal conviction based on a thorough and impartial examination of all the circumstances of the case, in accordance with the law. The judge's inner conviction formation is determined not only by the law provided factors. The inner conviction of the judge can be formed by legal consciousness, psychological aspects, pressure from the country and so on. It is important to point that the court cannot base its judgment on doubts. Judgments must be motivated and justified. Compared to other European countries Lithuania have the same system of evidence evaluation, while in Anglo-Saxon countries dominates a more specific concept, where evidence is assessed on the basis of beyond a reasonable doubt. |
