Abstract
It is known that criminal proof is considered as one of the most important subjects of the criminal procedures, and that all procedures' main aim is to find a method to prove the real fact which took place since according to the criminal proof the suspect is considered as innocent or guilty, as the aim of criminal proof is to reveal the real fact for the purpose of securing justice.
The principal of soulful certainty is considered as one of the most important principals of evidence theory as it corresponds with the normal and logical thinking method in ordinal life and in scientific research and the judge makes his decision according to his certainty of evidences submitted in the case folder since he has wide and unlimited freedom to search for the truth in response to his conscience and soul. He has the full right to disregard any evidence to which he does not feel contented, and has full evaluative power to weigh evidences and define their values with full authority to coordinate evidences submitted to him extracting from them a logical outcome upon which he can rely to decide if the suspect is innocent or guilty. The judge is free in building his contention irrespective of the source of persuasion, the plaintiff or the defendant, but the evidence must contain the characteristics of its power of persuasion because the main point of evidence in making the decision is its validity alone in concluding the case through the existence of relation between the crime and a certain person to be charged of committing it. Therefore, evidences must be valid and lead to full contentment and can be accepted by brain and logic.
Recommended Citation
Albahar, Mamdooh Khaleel
(2004)
"Extremity of Penal Judge in Building His Soulful Certainty- نطاق حرية القاضي الجنائي في تكوين قناعته الوجدانية,"
UAEU Law Journal: Vol. 2004:
No.
21, Article 6.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2004/iss21/6