Results 1 to 10 of about 59,797 (154)
Procedural consistency and material truth: limits and scope of ex officio evidence. Ruling ‘Argentine Chamber of Fireworks Companies (CAEFA) and Others v. Municipality of Paraná on Unconstitutionality Action (Art. 51 Inc. b. Law 8369)’ [PDF]
Environmental Research and Ecotoxicity, 2023 The analysis of the ex officio nature of evidence in Argentine judicial proceedings was presented as a topic of considerable doctrinal and jurisprudential debate. The discussion focused on the tension between the principle of consistency, the impartiality of the judge, and the search for material truth.
Yanina Elisabeth Cerdeira +1 more
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Party Disposition and Ex Officio Powers in the Taking of Evidence
Revista Ítalo-Española de Derecho ProcesalThough the taking of evidence relies primarily on the parties' initiative, the tendency to confer the court ex officio investigative powers is diffuse and shows in the last decades a growing trend.
Davide Turroni
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Ex officio evidence in popular and group actions: Discussions from the Social State of Law
Ratio Juris, 2017 This paper on the statutory quest for truth in class and group actions intends to provide an overview of the social state of law, from which they have arisen and which endows them with meaning.
Mayda Soraya Marín Galeano
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Cultural Expertise in Civil Law in Italy
Naveiñ Reet: Nordic Journal of Law and Social Research, 2022 This paper emphasises the use of cultural knowledge and cultural expertise in court, with specific reference to civil proceedings. It adopts background scenarios characterised by the presence of ex officio judicial powers that introduce knowledge into ...
Maria Giuliana Civinini
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Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, 2022 Throughout the criminal proceedings the accused has the right to be assisted by a lawyer chosen or appointed ex officio. Any person detained, arrested or charged with a criminal offense shall be entitled to the services of the defense lawyer from the ...
Tatiana Vizdoagă, Lucia Rusu
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Repercussions of modified procedural roles on determining the facts in criminal proceedings [PDF]
Zbornik Radova Pravnog Fakulteta u Nišu, 2014 The main characteristic of the new Code of Criminal Procedure, 2011, which is based on adversial principle, is changed position of the main subjects. The public prosecutor gets more active role.
Ilić Ivan
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Revista Eletrônica de Direito Processual, 2018 THIS essay, under a hermeneutic-phenomenological “method”, will reflect upon the tradition of the disposition principle (legal principle which states that the judge cannot produce evidence ex officio), aiming to unveil that said principle was ...
Igor Raatz, William Galle Dietrich
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O OBOWIĄZYWANIU ZASADY KONTRADYKTORYJNOŚCI W POSTĘPOWANIU NIEPROCESOWYM: PRZYCZYNEK DO DYSKUSJI
Zeszyty Prawnicze, 2016 The Adversarial Principle in Non-litigious Proceedings: a Contribution to the Discussion Summary The adversarial principle has been applicable in Polish non-litigious proceedings since 1964, when the provisions for litigious and non-litigious ...
Joanna Misztal-Konecka
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What do competition authority’s decisions reveal about Brazilian antitrust policy? A content analysis perspective [PDF]
Revista de Economia ContemporâneaThis article investigates whether three intellectual traditions in antitrust policy – the Harvard School, the Chicago School, and the neo-Brandeisian Movement – appear in the decision-making of Cade, the Brazilian Competition Authority, between 2015 and ...
Lílian Santos Marques Severino +2 more
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Child sexual abuse and the guarantees of a fair criminal trial
INFAD, 2018 Criminal proceedings concerning the assessment of sexual abusive behaviour affecting minors includes, among its most delicate stages, the collection of the young victim’s statements, especially if the victims are in their earliest years.
Eleonora Luzi +5 more
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