The principle of the free evaluation of evidence

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.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-06-06
Primary Topic
Criminal Law and Evidence
Type
article
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article

The principle of the free evaluation of evidence

Scientific periodicals of Ukraine
Criminal Law and Evidence
article

The principle of the free evaluation of evidence

article en

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.

Scientific periodicals of Ukraine
Bell (Canada) (CA)
Peace, Justice and strong institutions
Openalex Percentile: Top 33%
Criminal Law and Evidence
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The principle of the free evaluation of evidence · Scientific periodicals of Ukraine (2025) | TGRS Research Map | TGRS