Papers by Derracias Garcia
This article points out the importance of the participation of the Criminal Law judge in the tria... more This article points out the importance of the participation of the Criminal Law judge in the trial of intentional crimes against life: homicide, infanticide, abortion and instigation, help or induce suicide, as well as injury followed by death and homicide occurred in transit, whose competence is attracted to the popular jury. In theory, these crimes would fall solely within the jurisdiction of the popular jury, where the judge would only limit himself to the duty to conduct the proceedings, with the help of the tools of criminal procedural law. However, in practice, the conviction of the judge weighs two fundamental points before interfering: fact and motive. In order to carry out the study, we chose a qualitative research, through authors who approach the role of the judge as a judge, as well as to use the results of cases adjudicated in the second instance until 2016, for a better hermeneutics of their thinking, the Judges, which one wishes to demonstrate.
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Papers by Derracias Garcia