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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao PubliCattarrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
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Article . 2015
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Cosa juzgada penal, verdad procesal y verdad material

Authors: Mancuso, Enrico Maria;

Cosa juzgada penal, verdad procesal y verdad material

Abstract

Purpose of this research is the analysis of the possible connections between the final decision and the judicial truth descending from it. The paper draws a picture on the notion of judicial truth, meant as a result of the evaluation of the themes of the prosecution through the validation of evidence introduced by the parties. Legal certainty and reliability of the final judgment on the merits, no longer subject to further revision, are examined in order to define normative and axiological foundation of the truth arising from the res judicata. In this perspective, the strict respect of the procedural safeguards set forth by the law is not always a sufficient condition for a fair decision, since it does not necessarily aim at the search for truth that the due process model requires.

Country
Italy
Keywords

verdad material, verità materiale, prova, giudicato, verità processuale, prueba, cosa juzgada, verdad procesal

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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