Truth, Evidence and Proof in Criminal Proceedings

The proceedings take place within a linguistic universe. Consequently, in the proceedings only a verification of the propositions is necessary using other propositions and no philosophizing is required to overcome the hiatus between words and the objects they refer to. The semantic theory of truth is thus considered the most appropriate doctrine to adequately satisfy the need for a judicial truth acceptable to all. However, evidence is required on which to base a true factual reconstruction. This evidence may be convincing to the judge and considered proof for a conviction after a positive assessment of the sources, modes and inferences from the items of evidence to the outcomes, in the case where the factual reconstruction verifies the accusation beyond any reasonable doubt.