Causation as a guarantee of the integrity of the formation of judicial conviction

Abstract

Abstract: The theory of proof has several principles, the most important of which is the principle of the moral conviction of the criminal judge, which is a mental and psychological state formed in the conscience and mind of the judges of felonies and misdemeanors based on the evidence of the case and ends with certainty of the fact that an accused has committed a certain crime or not. The moral conviction of the criminal judge is the result of a procedural and logical process carried out by the court. The goal of judicial conviction is not the presence of a large amount of evidence as much as this evidence will be left in the mind and mind of the judge while he is in the stage of building his moral conviction in order to issue the ruling and provide the appropriate reasoning for it, as the judge is committed to providing reasons for the rulings, as it is required that the reasons on which the judge relied be complete, accurate and clear in the manner and manner adopted by the court in reaching a specific result, which is a statement of the factual and legal reasons and the reasons for responding to requests and defenses without which it is impossible to decide, in addition to the essential defenses that may be issued by one of the opponents and that are related to the ruling issued by the judge, or in other words, it is a statement of the factual and legal reasons On which the judge based his judgment, and as a result, the reasoning targets the judicial ruling, whether it is related to the law or the facts. Therefore, we will divide the research into two requirements. In the first requirement, we will address the definition of judicial conviction, while the second requirement is devoted to examining the control over the reasoning of rulings.