Since the basis for each judgement is a determined factual situation, the finding of facts is one of the key characteristics of all types of proceedings. In this paper, emphasis is placed on the type of facts that have an indirect but relevant role in all stages of criminal proceedings, starting from investigation or investigation itself to the valid verdict, which are called circumstantial evidence. The paper is designed to begin with a general presentation of facts and then focuses on the concept and theoretical analysis of circumstantial evidence and their role in criminalistics, and then concentrates on the proving function they have, that is, they can have when sentencing in criminal proceedings and finally on the consequences of possible misjudgement of evidence during their use with simultaneos consideration of existing case law. At the very end of the paper, the conclusion on the analyzed problem of circumstantial evidence within criminal procedural law is given.