Free assessment of evidence
Free assessment of evidence means the court evaluates admitted evidence according to its reasoned conviction rather than fixed proof rules.
In Swiss procedure, the judge generally assesses evidence freely: no type of evidence has a predetermined legal weight merely because of its form. The court must consider all properly admitted evidence, explain its reasoning where necessary, and respect procedural rights such as the right to be heard. Free assessment does not lower the applicable standard of proof and does not permit arbitrary fact-finding. It contrasts with historical systems of formal proof, while still operating within statutory rules on admissibility and evidence-taking.