La circolazione probatoria nella giustizia penale internazionale ( judicial notice )
- Autores: Khrystyna Gavrysh
- Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 107, Nº 1, 2024, págs. 31-75
- Idioma: italiano
- Enlaces
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Resumen
This article aims at analyzing the doctrine of judicial notice in interna- tional criminal law. J udicial notice has mainly been used by the International Criminal Tribunals for Rwanda and for former Yugoslavia for the purpose of acquiring evidence of “facts of common knowledge” and more r ecently of “adjudicated facts”, which is the object of this article. As a tool for proving facts without hearing evidence, its compatibility with the presumption of innocence and the right to a fair trial is debatable. The case law and the statutory provisions regarding the admissibility of evidence however highlight the task of the judge in balancing the efficiency of criminal proceedings with the procedural rights of the accused. Thus, the analysis focuses on the continuing importance of judicial notice, e ven if the Rome Statute lacks the relevant provision.
