Prova scientifica e giustizia penale

Translated title of the contribution: [Autom. eng. transl.] Scientific evidence and criminal justice

Giulio Ubertis

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The relationships between science and criminal justice concern both the substantive and the procedural area. On the one hand, they are concerned with the same formulation of criminal laws and their control by the Constitutional Court; for the other, they concern the evidentiary phenomenon, at the acquisition and evaluation levels. A right decision must be based on a factual reconstruction that is considered true according to criteria that can be shared by all and must conform to the state of knowledge when the sentence is issued. And his motivation, imposed by the art. 111 of the Constitution, must be drafted so as to be understandable by the community. The scientific epistemological instruments of a scientific nature that are intended to be introduced into the process and used for decision-making must therefore be able to be inserted into the logical-argumentative framework of the provision, since they are made up of activities that are controllable and rationally justifiable both in their execution and in their outcome.
Translated title of the contribution[Autom. eng. transl.] Scientific evidence and criminal justice
Original languageItalian
Pages (from-to)1192-1203
Number of pages12
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2016

Keywords

  • Epistemologia giudiziaria
  • Grounds for jurisdictional measures
  • Judicial epistemology
  • Judicial truth
  • Motivazione dei provvedimenti giurisdizionali
  • Prova scientifica
  • Scientific evidence
  • Verità giudiziale

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