سلطة القاضي الجزائي في تقدير الادلة وظوابطها

Abstract

The discretionary power of the criminal judge is a privilege granted by the legislator to judges to evaluate and assess criminal evidence (such as testimony, expertise, etc.) in order to uncover the truth. The criminal judge thus enjoys wide discretion in evaluating evidence. Given the importance of this discretionary authority, it must be regulated, and the legislator has indeed set some objective conditions that the judge must adhere to when choosing and assessing the evidence presented. These conditions follow a systematic framework consisting of three main stages: the judge’s personal conviction, the justification of the judgment, and judicial oversight (either written or oral). In the field of criminal evidence assessment, the role of the judge is essential. This has led the legislator to intervene and establish applicable rules in order to maintain legality in criminal evidence evaluation. This also ensures protection of individual rights against potential misuse of discretionary authority through mechanisms that monitor and review issued judgments. One of the key conclusions of this study is that the criminal judge’s discretionary power in assessing evidence must be exercised within the bounds of legality. The ultimate aim of this power is to ensure the certainty of judicial rulings. Therefore, the criminal judge must adhere to the legal framework established by the legislator when exercising discretion in evaluating evidence.