Deliberación, función epistémica y establecimiento de hechos: Bases de una estructura metodológica para el Tribunal Penal
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The epistemic function of deliberation and its relevance for the quality of probative reasoning, at least in Chile, has not been fully highlighted compared to the attention that the assessment and decision on the evidence and its justification in the sentence. Using the Chilean Oral Criminal Trial Court as a reference, we will show that, beyond certain established practices, a critical review is needed on the deliberation of the facts by professional judges and how they arrive at the reasoning synthetically expressed in the verdict. We intend demonstrate the usefulness of laying the foundations of a methodology and propose some guides that allows its organization, in order to improve debate and arguments in said collective space