Abstract:
The purpose of this article is to present and explain the concepts of
“appreciation of evidence” and “the independence and impartiality of the judge” when
adopting the solutions by the substantive court. The legal-criminal analysis is combined
with some references from constitutional law, the general theory of law as well as from
judicial practice. The author intends to provide a critical analysis, in comparative plan
of the concepts stated through the prism of the principles and guarantees of the activity
of the judge, the legal provisions in force as well as the decisions of the Constitutional
Court. Also, in this regard, the author will describe the problems and solutions from the
perspective of the following topics, applying the comparative methods from the legislation of international authorities.
