Confession is action y effect to admit or declare something that is of the knowledge own, whether voluntary or forced. It comes from the Latin confession, term formed by the prefix with , meaning 'all', the word fiteri, meaning 'to admit', and the suffix sion, meaning action y effect.
La confession judicial is declaration that, based on what is known or done for him, someone does it voluntarily or asked by another before the authority judicial. Mutual recognition one person makes against itself the truth of a done.
It is the call made to one of the parties to appear to testify or confess. Tribunal on acts litigious.
La confession is projected onto acts, not about derechos nor on legal situations or transactions. Theoretically, when the confession is issued under oath called decisive, everything declared by the confessor is considered true, whether it harms or favors him. In the practice, The confession It is requested and lent under oath indecisive and, according to Law School positive, those should be established as certain acts confessed that were harmful to the confessor. Although the jurisprudence has rectified the value legal of the confession, equating it to the others means of proof that the judge must freely assess, through this assessment spirit It is also reasonable - except for the result other means of proof- that they be considered real acts that harm a sujeto and are confessed by him as true.
Classification of the confession
La confession can be:
According to the place where it is performed
a) Judicial: It is carried out before the official judicial, may be through writings or sworn statements.
b) Extrajudicial: It is carried out outside the proceedings, but must be asserted before the judge of cause.
By its origin
a) Spontaneous: That which arises from the spirit free will of the person.
b) Provoked: It originates from the request that one of the parties makes to the other.
For the way
a) Express, which is done verbally or in writing.
b) Tacit, occurs in those cases in which the law authorizes the judge to consider a confession done.
For its content
a) Simple, when a is accepted done as they have been alleged.
b) Qualified, the confessor recognizes the done, but attributing to it a different legal meaning that restricts or modifies its effects.
c) Complex, the confessor adds a done intended to destroy the effects of the done mainly confessed.
For their effects
a) Divisible, when the parts can be separated from it. circumstances unfavorable to the confessor than those that are favorable to him.
b) indivisible, when the favorable from the unfavorable for the confessor cannot be separated and must be appreciated as a whole.
La confession As a means of experiment
The means of proof They are based on demonstrating all the " acts present, past and exceptionally future, perceptible to the senses” through a Valid identity document, testimony, oath estimatory, indication, judicial inspection, opinion expert and confession, which are the means of proof current and legitimate in the legislation Dominican of all branches of law.
General requirements for the admission of the confession as a means of experiment:
1. That the confessor has capacity to make it and power device on the right that results from what was confessed.
2. What to see acts that produce adverse legal consequences for the confessor or that favor the part contrary.
3. That falls on acts regarding which the law do not require any other means of experiment.
4. That it be express, conscious and spirit.
5. What to see acts personal of the confessor or of those he has or should have knowledge.
6. That it is duly proven, if applicable extrajudicial or judicial transferred.
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