LexInter | September 24, 2018 | 0 Comments


Intimate conviction is a method of judgment which takes into account the act to be judged and the person in its subjectivity, taking into account all means of proof, whether by technique, speech or psychological aspects.

Personal conviction is used as the basis for decisions before the Assize Court.

Intimate conviction and fair trial.

The Court of Cassation ( Cass. Crim. October 14, 2009 ) considered that a decision of the Assize Court pronounced on the basis of personal conviction did not violate the rules concerning the reasons for judgments and the requirements of the ECHR Convention . The Court of Cassation noted that the answers are included in the judgment of conviction, which in their intimate conviction , judges and jurors composing the court of assizes of appeal, ruling in the continuity of the debates, by secret ballot and the qualified majority of two thirds, gave to the questions on the guilt, some, main, asked in accordance with the operative part of the decision for reference, the others, subsidiary, submitted to the discussion of the parties. She considered thatin this state, and once the prior information has been provided on the charges on which the indictment is based, the free exercise of the rights of the defense as well as the public and adversarial nature of the proceedings, the judgment meets the legal requirements and conventional invoked “;

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