Consideraciones epistémicas respecto de la decisión en materia procesal penal
The decision in the criminal judgment is one of the most important topics of the process as it is in this ascertainment where the effects of the judgment are set, ie their enforceability, efficiency and finality; However this is not the study of epistemic questions of judgment appears a subject that...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713591 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 10, 2015, pags. 217-240 |
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| Summary: |
The decision in the criminal judgment is one of the most important topics of the process as it is in this ascertainment where the effects of the judgment are set, ie their enforceability, efficiency and finality; However this is not the study of epistemic questions of judgment appears a subject that is studied, which is why in practice and procedural law seem confused the enforceability of the judgment with res judicata, as well as procedural and extra-procedural effects the ratio iuris. It is therefore necessary to make a new approach abandoning the metaphysical tenets of the law and investigating the discursive Theoretical support of the law. |
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