The Truth as a Guarantor as an Epistemological Instrument for Limiting Judicial Decisions in Criminal Proceedings

Abstract

The article addresses the issue of truth in criminal proceedings from a guarantee-based perspective, highlighting the tension between the collective interests of society and the needs of individual freedom. It is argued that adopting a guarantee-based epistemology implies taking sides with individual rights over collective rights. Despite this, it is stressed that this does not imply the denial of collective goods, but the need to find compromises. It is argued that violence is inherent in punishment, and the paradox of criminal law is its attempt to be rational while containing elements of brutality. The total abolition of violence in punishment is desirable, but it would lead to the extinction of criminal law. It highlights the importance of understanding the term "reason" in the context of criminal proceedings and postulates that procedural truth and reason are intrinsically related. The specific objective of this article is to analyze the epistemological characteristics of truth in a criminal process of the guarantor type. The research question arises as to what these epistemological characteristics are. Mention is made of the need for an adequate narrative of the facts and the rules in the proceedings, compatible with a genuine exercise of the rights of defence. The constituent elements of guarantism are explored, with the principle of legality being one of the pillars. Legality is presented as a requirement for the procedural truth of guarantees, requiring an exhaustive and precise description of the conduct prohibited by law. The problem of deficient legislative technique is pointed out as a challenge for guarantism, since it affects the construction of truth by imposing legislative irrationality. In conclusion, the article addresses the complex relationship between guarantees, procedural truth and legality in the context of criminal proceedings, highlighting the importance of protecting individual rights and addressing the challenges arising from deficient legislation.