Description
The Diabolical Proof in Criminal Law
Book Summary
This work offers a rigorous and critical analysis of the presumption of innocence and its practical application in criminal proceedings. The author examines how the proof of negative facts, known as the "diabolical proof," manifests in areas such as pretrial detention, questioning the logic of judicial inference processes. An essential study for understanding the tensions between constitutional guarantees and the legal presumptions that operate within procedural strategy.
What is it about?
The book addresses the presumption of innocence not as a simple popular maxim, but as a complex rule of procedural treatment. It focuses on the so-called diabolical proof—that which rests on negative facts—and analyzes its role in the determination of pretrial detention. The author breaks down the processes of inferring signs of criminality used by judges, pointing out how they often defer to law and jurisprudence rather than evaluating the specific facts of the case. According to the book's thesis, this strips the parties of their capacity for challenge and effective control, transforming the presumption of innocence into a formal rather than material guarantee.
Main Topics
- Presumption of innocence as a rule of procedural treatment in investigation and oral trial.
- Diabolical proof or proof of negative facts and its relationship with the burden of proof.
- Pretrial detention and the battle of presumptions between innocence and guilt.
- Processes of judicial inference and the justification of resolutions regarding precautionary measures.
- Critique of the lack of factual reasoning in judicial decisions regarding signs of criminality.
Who is it recommended for?
It is aimed at legal professionals, especially criminal and constitutional lawyers, as well as judges, prosecutors, and academics interested in the theory of criminal procedure and the guarantee of the presumption of innocence. It is also useful for advanced law students seeking to delve deeper into evidentiary logic and procedural strategy.
What this book provides
- A critical and detailed analysis of the practical application of the presumption of innocence in pretrial detention.
- Clarification of the concept of diabolical proof and its relevance in criminal judicial reasoning.
- Tools to identify and question the lack of factual justification in judicial resolutions.
- A perspective that links evidentiary logic with defense and prosecution strategy.
- Foundations for a more robust challenge of decisions based on inferences regarding future events.
Technical Specifications
- Author: Pascual Cadena, Antoni
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: Procedural Law, Constitutional and Administrative Law, Criminal Law and Procedure
- Collection: FONDO
- Binding: Paperback
- Publication date: January 2021
- Number of pages: 238
- Weight: 480 g
Editorial Review
This is a specialized work that deeply addresses a central issue of contemporary criminal proceedings: the tension between the presumption of innocence and precautionary measures. The author offers a well-founded critique of judicial practice, providing a useful theoretical framework for professionals seeking to strengthen their arguments in court. Its focus on the logic of proof and judicial justification makes it a relevant read for those who wish to go beyond legal surface-level analysis.