سلطة القاضي الجزائي في تقدير اعتراف المتهم

Abstract EN

The confession should not be exaggerated in its evidentiary value.

It is considered the most accurate and optimal model for proof problems in criminal matters.

Even if all the conditions for a correct judicial confession are met, he may not be truthful as a result of other motives, not telling the truth, such as freeing the real perpetrator from punishment because of a certain kinship relationship and for a material motive or other realistic reasons.

The criminal judge, based on the emotional conviction on which his discretionary authority is based on the weighting of criminal evidence, must make clear from the value, validity and conditions of the confession, by finding a reasonable and fair balance between the confession and the reality on the one hand, and between it and the material and anecdotal evidence on the other hand.

Then he either takes it or puts it aside, and he has complete freedom to assess its authenticity and its indicative value to the confessor