La confesión del imputado y la garantía de no autoincriminación en el sistema inquisitivo

Historically, the excessive corporal/spiritual intervention of the absolutist State intervened on the body, punishing it, and of the Church, which intervened on souls to preserve them. This medieval, monarchical, religious and confessional State presents God and the sword as two elements that go han...

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Bibliographic Details
Main Author: Palacin, Guido Adrián
Format: Article
Language:Spanish
Published: 2023
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8778761
Source:Revista Boliviana de Derecho, ISSN 2070-8157, Nº. 35, 2023, pags. 502-515
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Summary: Historically, the excessive corporal/spiritual intervention of the absolutist State intervened on the body, punishing it, and of the Church, which intervened on souls to preserve them. This medieval, monarchical, religious and confessional State presents God and the sword as two elements that go hand in hand and are an expression of its violence. The guarantee of non-self-incrimination was born in the times of enlightenment as a response to the intervention, more than excessive and lacking in any limitation and parameter over life, of the absolutist state together with the Catholic Church. The body, as an object of torment, ceased to be viable and tolerable, since now the accused also became a subject of rights.