Abstract

RIOS PATIOS, Gino Augusto Tomás. Does the imputated have the right to lie? The right to truth and the duty to declare it. rev.ces derecho [online]. 2019, vol.10, n.2, pp.641-653. ISSN 2145-7719.  https://doi.org/10.21615/cesder.10.2.5.

In this article, the author examines the belief that there is the right of the accused to lie in a criminal proceeding; simultaneously analyzes the existence of the right to the truth and the duty to say it; and reaffirms the axiological purpose of the criminal process of seeking the truth to solve the underlying violent conflict in all crimes, which is consistent with the public interest of achieving social peace through justice. The conclusions reveal the importance that truth has for social life and contribute to look from another perspective at the exercise of criminal defense, which has been generally confused in working with falsity and mechanical denial around the imputed facts, when it should Be interested in establishing, interpreting and demonstrating the facts as close to reality as possible, when you do not want to remain silent.

Keywords : Right to lie of the accused; right to the truth; duty to tell the truth; criminal process..

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