LOYALTY AND LEGALITY OF THE ADMINISTRATION OF EVIDENCE IN THE CRIMINAL PROCESS
LOYALTY AND LEGALITY OF THE ADMINISTRATION OF EVIDENCE IN THE CRIMINAL PROCESS

Summary/Abstract: The evidence captures the essence of the criminal process, radically influencing the discovery of the truth, and here we refer to the objective truth, seen as an existing reality, and the judicial truth, seen as the factual situation retained by the judicial bodies after the administration of the evidence.The doctrine emphasizes that in our procedural system, finding out the objective truth is a desirable thing that requires, in essence, that there be a full agreement between the factual situation retained by the judicial bodies after obtaining the evidence and the objective reality.Thus, finding out the truth in the criminal (judicial) process is done on the basis of evidence, but at the same time, under the condition of the guarantee from the judicial bodies of the legal and loyal administration of the evidence.It therefore results in a relative obligation on the part of the judicial bodies in fulfilling their duties, as it is not possible to justify the violation of the legislation by virtue of finding out the objective truth.

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