Presunción de inocencia: declaraciones de coimputado. Coautoría

Abstract

A conviction requires the existence of evidence to invalidate the presumption of innocence, which, in certain cases, can lead to take as such the statement of one defendant, if you have support elements to support this claim. In cases that are several criminals who are committing the crime, the joint execution of the act, requires a prior or simultaneous execution as well as providing something relevant to the execution, having all the functional domain involved the fact. Essential element of a conviction is the motivation, so that just extract the reasons for the conviction for the offense in question. The sentence is to determine the elements of the crime to after establish whether the objective and subjective conditions, condemn. Otherwise the sentence would not be possible. Also the assessment of the aggravating circumstances must be motivated in order to determine its application, as with the aggravation of disguise.