JURY COURT AND THE INADMISSIBILITY OF HEARSAY TESTIMONY AS THE SOLE BASIS FOR JUDGMENT

Abstract

This paper addresses the impossibility of admitting indirect hearsay testimony as the exclusive basis for pronouncement decisions. Initially, it discusses the constitutional aspect of the Jury institution, recognizing it as a fundamental right. The special procedure adopted and the characteristics determining the pronouncement decision, along with testimonial evidence in criminal proceedings, are also mentioned. According to the concept of indirect hearsay testimony, selected jurisprudence from the Superior Court of Justice recognizes its inadmissibility as the sole basis for pronouncement. As a result, it is concluded that defendants should only be pronounced if there is strong persuasion of materiality and sufcient evidence of authorship, supported by secure and convincing proof, in order to avoid violating the Democratic Rule of Law and the presumption of innocence.