Abstract
[Autom. eng. transl.] Since "objective judicial knowledge" is an illusion, an immediate "ascertainment" of a fact in its "date" can never be made in the process. Rather, what is obtained is its "reconstruction" through the dialectic of evidence. The decision, then, is based on a "judicial truth" that is both contextual and functional to the historically determined objective of justice. Moreover, in the judicial linguistic universe one cannot ignore the semantic conception of truth in order to acquire the consent of all the associates to the result of the trial.
| Translated title of the contribution | [Autom. eng. transl.] Proof, truth and process |
|---|---|
| Original language | Spanish |
| Title of host publication | Razonamiento probatorio en materia penal del tercer milenio |
| Pages | 93-108 |
| Number of pages | 16 |
| Publication status | Published - 2020 |
Keywords
- Dialettica probatoria
- Evidence
- Evidentiary dialectics
- Judicial truth
- Processo
- Prova
- Trial
- Verità giudiziale
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