La prueba testimonial y los testigos de oídas

Abstract

In this paper I intend to answer the following questions: ¿what is to be understood as “hearsay testimony” in continental legal systems?, ¿which problems are related to this kind of testimonies?, and ¿how should these problems be addressed within procedural law? To this purposes I offer some criteria in order to identify the hearsay testimony; I will discuss some problems related to it; and I will make several considerations related to the idea of composition of the body of evidence (concluding that its exclusion is not necessary justified) and the evidence assessment.