RT info:eu-repo/semantics/bachelorThesis
T1 La prueba indiciaria y su eventual incidencia sobre la presunción de inocencia
A1 Delgado Leandro, Zoilo Alexander
A2 Grado En Derecho
K1 Prueba indiciaria
K1 Indicio
K1 Inferencia
AB The importance and frequency of circumstantial evidence in criminal proceedings arenot matched with the nearly non-existent legal regulation of this type of evidence.Consequently, it can be said that circumstantial evidence is mainly a case-lawinstitution. Accordingly, the judgements no. 1985/174 and 1985/175, issued by theSpanish Supreme Court, and the judgement of the European Court of Human Rights of18 January 1978 (Case Ireland vs United Kingdom), marked a turning point, since theyrecognized -and did not underestimate- the role that this evidence can play in thecriminal proceeding, reinforcing its legality and suitability to outweigh thepresumption of innocence. From then on, the contributions aimed at shaping the natureand extent of this evidence, made by the Courts and the doctrine, have been countless,leaving room for some casuistry along the way. The climax of all this work came tofruition in the recent judgement no. 2019/532, from the Spanish Supreme Court, whosegoal was unifying and reiterating, elaborately, the operational guidelines and standardsto bear in mind so as to concede probative value to it.The key on this matter consists of determining when the circumstantial evidence isenough. Its indirect nature requires the own prudence of a State of Law, that isconcerned to ensure the presumption of innocence and to avoid defencelessness.Nevertheless, this does not justify the numerous prejudices that evolved around thistype of evidence, mainly in the past, which led to it being relegated to a secondary orminor position. Currently, the subsidiarity thesis has been left behind and, hence,circumstantial evidence is as equally valid and appropriate to reach the same probativeefficiency as direct evidence
YR 2021
FD 2021
LK http://riull.ull.es/xmlui/handle/915/24147
UL http://riull.ull.es/xmlui/handle/915/24147
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 18-dic-2024