De la prueba (reina) en el proceso judicialEn favor del ensanchamiento (y contra todo vaciamiento) del juicio oral

Abstract

This choral work offers a reflection (theoretical and practical) on the prevailing evidence in two jurisdictional orders (antagonistic but «called to understand each other» at this point): expert evidence in criminal proceedings and documentary evidence in civil proceedings, with a dual (and common conclusion: on the one hand, the essential procedural widening of the oral (criminal) trial —in the face of so much legislative and jurisprudential emptying as it has been enduring for some time— and the (imperative) opportunity to reverse, also in the oral trial —main hearing or hearing— (now civil) the principle of valued valuation of the private documentary (uncontested) in favor of its opposite: the principle of free evidentiary evaluation.