Revista Brasileira de Direito Processual Penal (Mar 2017)

Truth and justification in the criminal procedure

  • Francesco Caprioli

DOI
https://doi.org/10.22197/rbdpp.v3i1.30
Journal volume & issue
Vol. 3, no. 1
pp. 317 – 342

Abstract

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After clarifying that the only truth that criminal judge must declare is the “sad truth” of the defendant’s culpability, the Author of this article disputes the widespread opinion that this truth would be a minor and conventional truth, not comparable to scientific or historical ones. Also in the criminal proceedings we pursue the Truth with capital T, which must be regarded as correspondence between the indictment and the facts described in it. Only under these conditions the judgment of conviction can be considered rationally justified.

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