In this article published in elEconomista, Juan Ignacio Apoita analyses the role of circumstantial evidence in criminal proceedings and, in particular, the requirements that must be met for such evidence to support a conviction. The article examines the conditions under which circumstantial evidence may lead to a finding of fact consistent with the fundamental right to the presumption of innocence, with particular attention to the construction and soundness of the inferential reasoning involved.
It also addresses the need to assess the body of circumstantial evidence as a whole and the requirement for sufficiently reasoned judicial decisions to allow the rationality of the conclusions reached to be properly scrutinised. This is an issue of particular practical significance in complex criminal proceedings, where the absence of direct evidence frequently places circumstantial evidence at the heart of the evidential debate.
🔗 Read the full article here: https://www.eleconomista.es/opinion/noticias/13688194/12/25/del-indicio-a-la-certeza-el-papel-de-la-prueba-indiciaria-en-los-procesos-penales.html