DESTROYING MYTHS.FUNDAMENTAL LAWS AND CLARIFICATION OF FACTS IN THE PENAL PROCESS

Abstract

The interest in clarifying the facts and the interest to protect fundamental rights are, according to the prevailing doctrine, incompatible claims in the area of criminal procedure. However, the necessary contrast is the result of inadequate analysis as to how both interests relate. Indeed, while the indem-nity of certain fundamental rights may interfere with determination of facts, the indemnity of others may encourage criminal procedural decision best suited to the way it really happened.