La aproximación a la verdad histórica y procesal en el juicio

Abstract

OBJECTIVE: To contribute to the development of judicial epistemology to improve the quality of procedural judicial decisions and the nature of procedural truth. METHODOLOGY: This is a qualitative study based on an analytic-synthetic method. that distinguishes the judicial truth’s characteristics to discover the influence of science and empirical knowledge on a sentence whose results are related to the normative dimension in such a way to reveal, synthetically, the rational nature of a well-grounded sentence. RESULTS: The hypothesis is proved: the possibility of reaching a satisfactory approach to a historical-procedural truth is possible, provided that the requirements of rigorous scientific grounding of facts, elimination of judicial arbitrariness, and respect of argumentation theory and logic are taken into account. Such elements are entirely consistent within a process that takes place in an institutional context that, as the Guatemalan, presupposes complex pluralistic tendencies in current law. CONCLUSION: This work shows the scientific research’s relevance to achieving procedural truth. This achievement benefits people working in the legal profession in Guatemala, particularly, those practicing in criminal procedure law, since it shows that scientific research is a fundamental aspect of the criminal process.