Evaluating Evidence and the Power of the Judge: A Discussion on Immediacy and Taking Initiative.

👇 The video discusses the key issues addressed in the tenth casuistry session, which include the evaluation of evidence and the judge's powers.

💬 The focus of the discussion is on the concept of the evaluation of evidence and its interpretation in judicial practice and legislation.

🙈 The speaker emphasizes the importance of individual and historical evaluation of each fact in relation to the evidence, rather than relying solely on a joint evaluation.

✅ The video discusses different methods of evidence evaluation in the civil process.

💡 There is a disconnection between contemporary theoretical approaches and legal rules in evidence evaluation.

🔍 To properly evaluate evidence, one must analyze individual facts and utilize relevant knowledge, such as psychology.

📚 The use of textual semiotics can contribute to a better understanding of documents and their evaluation.

🔍 There is a need for an epistemological approach to the subject of evidence in order to improve its assessment.

⚖️ The Court of Cassation should review and evaluate facts, contrary to the belief that it focuses solely on matters of law.

The video discusses the concept of inmediación in judicial practice and its relation to the assessment of evidence.

It explores the idea of allowing appellate judges to review matters of fact in order to ensure a rational and objective evaluation of the evidence.

The video also touches on the powers of the judge, particularly the power to initiate evidence (prueba de oficio) and the need for reflection on these powers.

🔍 The distinction between the power to collect evidence and the power to initiate evidence.

✏️ The concept of 'prueba de oficio' and its varying intensity in relation to the search for truth.

🚫 The importance of establishing limits and criteria to avoid abuses of power.

💡 The contradictory exercise of power functions as a mechanism to filter knowledge of facts.

🔍 The reform project distances itself from a persuasive psychological conception of evidence.

💭 The reform project focuses on a more objective and rational understanding of evidence.

🔍 The video discusses the concept of 'prueba de oficio' and the improvements in its treatment in a proposed reform.

⚖️ There is a focus on the determination of a proven fact rather than conviction in the evaluation process.

🔄 The proposed reform also introduces the opportunity for the judge to request additional evidence and the consideration of its viability.