Assessing evidence in the pre-trial proceedings of the Court

Abstract

The academic legal literature has long addressed the issue that how broad discretion does the investigative judge have, whether they may evaluate the evidence during the investigation of the well-founded suspicion of a criminal offense. The study undertakes to support the possibility and necessity of assessing evidence with practical arguments, based on the justification and systematic interpretation of the law and also to illustrate the emergence of a change of perspective in the judicial practice through some current case-law examples. The study concludes that the assessment of evidence does not pose any risk to the later stage of the proceedings by a well-formulated justification of the decision, avoiding even the appearance of a preliminary ruling.