Beweiswurdigung als Mittel prozessualer Wahrheitserkenntnis: Eine dogmengeschichtliche Studie zu Freiheit, Grenzen und revisionsgerichtlicher Kontrolle tatrichterlicher Uberzeugungsbildung (261 StPO, 286 ZPO)

Historical rules of procedure did not always allow the judge of fact to assess the evidence freely and without being bound by law. Since the middle of the 19th century, the principle of free appraisal of evidence (today in 261 StPO, 286 ZPO) has applied. However, there have been limitations since parts of the jurisprudence approached an objective standard of proof theory: With the requirement of a high probability for the judge’s conviction, the classical rules of proof are again approaching alarmingly. However, mathematically objective models are still unsuitable for decision-making today. Rather, the free appraisal of evidence introduced at the time proved to be the best way of ascertaining the truth in the process.