The concept of "free assessment of evidence" against "The judge's intimate conviction"

The criminal process manifests itself as a process of knowledge, in which the primary role belongs to the courts and consists in finding out the truth. The elements that contribute to the realization and knowledge of the truth are the evidence. Until the final settlement of the criminal case before the court, all the problems of the merits of the case are solved with the help of evidence. Evidence is manifested as a tool of proof, given the adversarial nature of the criminal process, when the parties use or propose the administration of evidence in order to prove the claims and arguments made. The assessment of the evidence at the trial stage is one of the most relevant moments of the criminal process. The assessment of evidence in criminal proceedings forms the “main matter” that the subjects of criminal proceedings develop throughout the trial and as a result, the judge pronounces a solution according to personal conviction, based on the rules of law and morals, protecting the rights and interests of litigants. The free assessment of evidence based on intimate conviction is an important element in ensuring the independence of the judge in the trial. The criminal procedural law contains a series of important regulations that highlight the whole essence of the concepts of „free assessment of evidence” and „intimate conviction of the judge”.