prof. JUDr. Jaroslav Fenyk, DSc., Ph.D., email: Jaroslav.Fenyk@usoud.cz

 

The article deals with an analysis of the traditional principle of the enlightened inquisitorial procedure, the principle of free evaluation of evidence, and the principle of material truth in the context of the historically surpassed legal evidence theory and the system of evidence evaluation in commonlaw countries. It offers both traditional and innovative insights into the procedure of Czech judges when introducing evidence and invites to contemplate certain attempts to increase the objectiveness and thereby to limit judges in their decision-making activities. Thus, it casts doubts as regards the non-critical inspiration by the adversary procedure system (common law) and offers the possibility of consistently naming the admittedly beneficial elements of judicial decision-making in the conditions of Czech criminal proceedings in order to show the actual significance of the judge in the continental evidence model.