Journal of the Charles University Law Faculty
Viktor Gazda
Author’s affiliation:
Faculty of Law, Charles University in Prague
Constitutional Basics of Evidence and Extreme Factual Conclusions
Jurisprudence 1/2026 Section: Articles Page: 29-38
DOI: https://doi.org/10.71372/DZTG3178
Keywords: Evidence; Proof; Evaluation of Evidence; the Constitutional Court; Human Rights; Constitutional Judiciary; Extreme Contradiction; Extreme Inconsistency
Abstract: This article focuses on the constitutional relevance of evidence trial held by courts, primarily from the perspective of constitutional courts. The author asks to what extent evidence proceedings before general courts are protected by fundamental rights and freedoms and how the Constitutional Court’s case law reflects the arbitrary evaluation of evidence by courts. Attention is paid to the fundamental principles of the right to a fair trial and the manifestations of arbitrariness in the free evaluation of evidence. These manifestations include extreme contradiction between factual findings and relevant evidence and extreme inconsistency between factual and legal conclusions.
