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  • 标题:En torno al principio del «iura novit curia».
  • 本地全文:下载
  • 作者:Quintero Moreno, Rafael
  • 期刊名称:Dikaiosyne
  • 印刷版ISSN:1316-7939
  • 出版年度:2006
  • 卷号:17
  • 出版社:Universidad de Los Andes
  • 摘要:This paper was presented at the Seminar on Criminal Procedural Law at the Angel Francisco Brice Institute of Juridical Studies of the Zulia State Bar Association, Maracaibo, on June 30, 2006. It consists in a critical commentary on the implications of the principle known as iura novit curia [which is usually translated as: .the judge knows the Law.], conceived in the Venezuelan criminal juridical procedural context. Our objective is to show that knowledge of the applicable Law must go beyond mere knowledge of regulatory provisions and juridical rules, both understood as the dominion of the Judge over something that is external to the human being. If the Judge is not conscious of the essential .characteristics. of the human being, of what his dignity means, he will never be able to .understand. the person he is judging, nor the victim of the crime. Hence, what is being dealt with is not a dogmatic exposition of the principle. For those who wish to delve deeper into the essence of iura novit curia, I recommend the work: iura novit curia and judicial application of the Law. by Francisco Javier Ezquiaga Ganuzas, Edit. Lex Nova, Valladolid, 2000, on the teachings of which my reflections for this dissertation are based (Translated by Lic. Ramos de M¨¦ndez.).
  • 关键词:Law. Judge. Sentence. Virtues. Axiological Principles.
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