Evaluation of Evidence in Criminal Proceedings

Abstract

The article is devoted to the principle of free evaluation of evidence in criminal cases enshrined in the Russian law and the analysis of the rules of such evaluation. Evaluation of evidence is a necessary element of proof in a criminal case. The evaluation of collected evidence is carried out in compliance with the rules stipulated by the procedural legislation. Understanding the importance of comprehensive, objective consideration of all the circumstances of the case, the legislator has provided for such mandatory properties of evidence as admissibility, relevance, reliability and sufficiency of evidence in their totality. At the same time, the law does not contain a definition of the very concept of evaluation of evidence, as well as does not disclose the structure and features of the evaluation of each of these properties. In this regard, it is important to analyse not only legislative norms, but also the position of the highest courts on the issue of evaluation of evidence, available court practice in criminal cases. Special attention is paid to the study of the concept of inner conviction, which plays an important role in the evaluation of evidence.