- Meaning
- Legislation according to different countries
- France
- Italy
- Switzerland
- Argentina
- Chile
- Venezuela
- Mexico
- Effects edit
- Examples
- First case
- Second case
- References
The fictional confession, in procedural law, refers to the omission of the answer by the defendant when he is in the early stages of the judicial process. In certain cases this can be interpreted as an acceptance of the allegations that have been made against.
It is worth mentioning that there are different cases in which the defendant may not be acquitted during the process: if the defendant does not appear and if he does not respond or evasively answers. In any situation, the decision will depend on the judge and the rules of each country.
On the other hand, this term is also related to the confession test, historically considered the maximum of all tests because it is a manifestation of will. That is why, if the defendant does not respond or does not defend himself during the process, inaction could act against him.
Meaning
As stated above, the fictional confession refers to the failure of the defendant to defend himself during the plaintiff's answer, which could be worth the presumption of guilt in the case. This phenomenon is counterproductive because due process contemplates the right of individuals to legitimate defense.
Therefore, by not having the defense arguments, the judge will be prevented from knowing what the real circumstances of the case were.
Although the decisions will depend on the laws and the judge in charge, it is important to mention the circumstances in which a fictional confession will be considered:
-The defendant does not appear to appear on the day mentioned without any reason that justifies it.
-The defendant does not answer the questions or does so evasively.
-The defendant does not present the due evidence for his defense.
-The defendant does not respond because the lawsuit is against the law.
It must be taken into account that, although the lack of response can be harmful to the defendant's defense, a total presumption of the facts should not be made, since the evidence is still in the process.
Likewise, the defendant may not allege new facts after the fictional confession during the times established by law. However, it is worth mentioning that you will be able to present a number of suitable evidence that works in your favor.
Legislation according to different countries
France
The laws derived from the s. XVII, which are in force, consider that if a person does not answer the demand, he would be accused of the facts in order to seek justice among citizens.
Italy
The most recent laws indicate that if the accused party does not present arguments, they cannot be adjudged guilty of the fact, although the judge will take this situation into account for a future decision.
Switzerland
In this particular case, the assessment of the circumstances will be analyzed by the judge.
Argentina
The fictional confession is not linked to the judge, but it is considered that, from a legal point of view, it may be a sufficient basis to presume the certainty of that fact.
Chile
The country's Civil Procedure Code indicates that the defendant is given a certain period of time to express his defense argument, as the case may be.
Otherwise, the fictional confession will be considered as sufficient evidence for the execution of a sentence against him.
Venezuela
Although the false confession is manifested, it is not considered as a confession because it is still in the period of presentation of evidence. That is, there is no presumption of guilt.
However, it should be mentioned that this situation forces the defendant to present new evidence that may favor him during the lawsuit.
Mexico
According to the Code of Civil Procedures in Mexico, the fictitious confession will not be valid unless full evidence is presented or "with reliable means."
If the defendant did not go to the appointment or did not want to respond, that is not enough to fully accuse him of the facts presented: "The fictional or tacit confession, by itself, will be insufficient if it is not concatenated with other means of conviction."
Effects edit
-In certain laws, if the individual makes a fictitious confession, he can be arrested during the process of presenting the evidence. If not, the judge must issue a judgment based on inaction on the part of the defendant.
-If the defendant manages to present evidence in favor of his cause, the counterpart must prepare a defense on the cause that was reversed; otherwise, you will lose your mind.
-The fictional confession may be valid as long as evidence is presented that corroborates the facts omitted by the defendant.
-If a presentation of the evidence is not made, the court will establish a certain period in case an appeal is presented by the defendant.
Examples
First case
In a demand for eviction from a commercial premises due to non-payment, the defendant did not attend the trial and did not answer the subsequent summons, for which it was considered a false confession.
However, you have the ability to prove your innocence by submitting invoices or payment receipts as a set of new evidence during the process.
At this point it is worth mentioning that, depending on the circumstances of the trial, the plaintiff may request the support of experts or experts to review the work for a set period. If there are no problems with the property, the corresponding payment will be executed.
Second case
Request for the fulfillment of a divorce demand for the fictitious confession on the part of one of the spouses, who did not attend the day of the trial. In addition, compliance with a record against the absent defendant is also required.
References
- Do you know what fictitious confession is? Here we explain it to you. (2017). In HB. Retrieved: June 19, 2018. In HB of blog.handbook.es.
- Colombo Campbell, Juan. The procedural acts. In Google Books. Retrieved: June 19, 2018. In Google Books at booksgoogle.com.
- Fictitious confession. (sf). In Access to Justice. Retrieved: June 19, 2018. In Access to Justice at Accesoalajusticia.org.
- Fictitious confession. (sf). In Glossaries. Retrieved: June 19, 2018. In Glossaries of glossaries.servidor-alicante.com.
- Fictitious confession: provenance requirements. (sf). At Veritas Lex. Retrieved: June 19, 2018. In Veritas Lex from grupoveritaslex.com.
- Tacit or fictional confession. Its scope and probative value in an ordinary civil trial for termination of the loan agreement (legislation of the state of Mexico). (2014). In Collegiate Circuit Courts. Retrieved: June 19, 2018. In Collegiate Circuit Courts of sjf.scnj.gob.mx.
- Fictitious confession. Its effectiveness in civil matters. (2006). In Collegiate Circuit Courts. Retrieved: June 19, 2018. In Collegiate Circuit Courts of sjf.scjn.gob.mx.
- Converset, Martín Miguel. Is the fictional confession a proof of an absolute character? (sf). In Cajamarca Law Review. Retrieved: June 19, 2018. In Cajamarca Legal Review of Derechoycambiosocial.com.
- The fictitious confession. The fictional confession in the extra-procedural questioning. The confrontation of the parties. (sf). In vLex. Retrieved: June 19, 2018. In vLex de doctrina.vlex.com.co.