الاقتناع القضائي وضوابطه

Abstract

The evidence is of great importance in the penal articles, since it seeks to demonstrate the factual truth about the crimes committed in accordance with the general rule of criminal evidence, according to which the evidence obtained from the various procedures and inquiries is subject to the principle of judicial conviction based on the criminal judge's freedom to use all legally prescribed means of proof. Through which he can highlight his judgment whether by acquittal or conviction, and despite the prevalence of the principle of personal conviction of the criminal judge and his freedom to prove from any legitimate source to which his conscience is relieved and not subject to the supervision of the Court of Cassation, But this freedom is not absolute and does not mean that the judge is free to believe what he likes. Rather, the law defines this freedom of proof with controls and restrictions that the judge adheres to and is in the process of forming his own personal conviction to ensure a balance between the rights of individuals and their freedoms and the right of society to defend itself from the danger of criminality. All this is demonstrated by the answer to the problem posed by the freedom of personal conviction of the judge in criminal evidence and the determination of the controls and restrictions set out by the legislature on the principle of freedom of conviction in order to achieve the interest of society and the rights and freedoms of individuals guaranteed by the law and stipulated in the constitutions and approved by international instruments, namely, the origin of innocence. This is so that the judge does not have an arbitral authority, according to which the scientific methodology requires that we divide this study into two chapters preceded by an introduction. The first examination examined the origin and content of the judge's personal conviction and the composition of his or her justification and criticisms followed by the determination of the scope of application of the personal conviction, its consequences and the guarantees of his or her report. The second examined the control of the criminal judge's authority to assess the evidence. The second examined the evidence in Trun Personal conviction.