En materia de prueba: sobre algunos cuestionables tópicos jurisprudenciales

The author initially discusses both the reasons for the historical inclusion of the defendant´s guarantees in the concept of due process of law and their fundamental role in terms of the development of this concept. The concept of due process embodies a legal and constitutional framework for an epistemic activity aimed at obtaining a quality knowledge about uncertain facts, which are prima facie considered criminally relevant. Moreover, the paper critically reviews a series of strongly ingrained case-law clichés, which appear to be inconsistent with those guarantees ​
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