Vérité judiciaire, vérité factuelle et élément moral : Perspectives d’histoire pénale contemporaine
The main purpose of this paper is to demonstrate the relativeness of the concept of judicial truth in order to highlight its inherent limitations. The historical approach, which we will be developing, opens some reflections about the place of the mens rea in our legal system and leads us to criticiz...
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| Format: | Article |
| Language: | fra |
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Association Clio et Themis
2020-11-01
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| Series: | Clio@Themis |
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| Online Access: | https://journals.openedition.org/cliothemis/178 |
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| Summary: | The main purpose of this paper is to demonstrate the relativeness of the concept of judicial truth in order to highlight its inherent limitations. The historical approach, which we will be developing, opens some reflections about the place of the mens rea in our legal system and leads us to criticize the presupposed objectivity of judgments. How could we, indeed, still evoke the remanence of the legal truth when the truth seems unknowable ? When the mens rea, which is, as we know, a large part of the incrimination, remains subject to questions about its content ? In so doing, the magistrate is in a difficult situation : he has to judge without understanding every single part of the elements that make up the infraction altogether. However, much as the concept of judicial truth, it is a necessity, which responds to the same requirements to legitimate a court decision. |
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| ISSN: | 2105-0929 |