Abstract

GUETTE HERNANDEZ, David Modesto. The Meaning of the Decision regulated in the Article 373.5 of de General Procedural Code: A Useless Figure. Rev. Derecho Privado [online]. 2019, n.36, pp.259-279. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n36.09.

This paper contains an analysis about the meaning of the decision, implemented with the article 373.5 of the General Procedural Code. That article established an exception to the duty to dictate the sentence, once the hearing of instruction and judging ends. This is a useless figure because implies a lack of knowledge of the complexity of the judicial decision, and it ignores that judges can give judgement when issue the meaning of the decision, unless difficulties of location or time arise. Thus in the remaining events, if the judge cannot issue the judgment due to ignorance of the decision, he cannot dictate the meaning of the decision either.

Keywords : Meaning of the Decision; Orality; Complexity of the Judicial Decision; Arguments; Argumentation; General Procedural Code; Judgment; Proportionality.

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