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portada Criticism of Emendatio Libelli de Lucas Vinicius Souza Franco(Ks Omniscriptum Publishing)
Type
Physical Book
Publisher
Author
Language
English
Format
Paperback
ISBN13
9786207723706

Criticism of Emendatio Libelli de Lucas Vinicius Souza Franco(Ks Omniscriptum Publishing)

Souza Franco Lucas Vinicius (Author) · Ks Omniscriptum Publishing · Paperback

Criticism of Emendatio Libelli de Lucas Vinicius Souza Franco(Ks Omniscriptum Publishing) - Souza Franco Lucas Vinicius

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Synopsis "Criticism of Emendatio Libelli de Lucas Vinicius Souza Franco(Ks Omniscriptum Publishing)"

When it comes to qualifying facts, doubts often arise about the limits and scope of legal rules in the face of factual events. In fact, the words of the law become imprecise in the face of a specific case, requiring a hermeneutic effort on the part of the interpreter in order to put them into practice. In criminal law, facts only acquire importance when they fall within the scope of a specific criminal type. Thus, the defendant is not only defending himself against the alleged facts, but also, reflexively, against the criminal rule that makes these facts typical. In this context, there is an urgent need to challenge the current form of application of emendatio libelli, which grants the magistrate, at the time of sentencing, the possibility of changing the classification given to the facts imputed to the defendant, without the need for the parties to express their opinion on changing the criminal type. Thus, this book aims to defend the fact that the adversarial process is not merely factual, but also covers legal issues. It is therefore of great importance to judges, prosecutors, lawyers and all those who work in criminal proceedings.

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