Constitutional Court

However, formalized the complaint, in public or quasi offenses, whatever the position taken by the complainant, without prejudice to the continuation of the process and the timely delivery even in the sense of conviction if the prosecution has indicted and met the requirements of the adversarial principle, the legal ruling stands. (AP Barcelona, 07.21.2006 S 8th sec.) – The Report and the lack of evidence – the facts alleged must be proved by who file charges, relying all means admitted in law, provided they reach the procedure without violating fundamental rights in their production, must possess the characteristics of utility , lawfulness and appropriateness as defined by various rulings of the Constitutional Court. In the scope of this study covers about illicit typically occur without witnesses, increasing the difficulty of proof, especially psychological violence which has to be tested damage and causation. As we stated in the preceding paragraphs, is a journey begun relatively recently, including experience of scattered rules prior to the enactment of Law 1 / 2004. The insistent claims to the press about the falsity of the complaints filed by women with objectives other than those provided for by law, we are led to investigate the case primarily on the veracity of that information and we find the familiar winding path to reproduce real life events in a judicial procedure as accurately as possible. – Some casuistry – The Hearing acquits the guilty at first instance because the evidence against him was provided by a spouse or relative of the accused, without prior information of their right to remain silent.


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