Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 239 CPP – Definition of evidence.

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Art. 239. A known and proven circumstance is considered an evidence, which, being related to the fact, authorizes, by induction, the conclusion of the existence of another or other circumstances.

Remission:  Indication is the indicative circumstance that a fact exists, existed or will exist. Evidence is evidence or a set of evidence capable of authorizing the conviction that a fact exists, existed or will exist. Evidence is not in the nature of evidence. It is an interacting clue or clues plus the psychic element of conviction. Yes, exactly. Proof is just evidence plus conviction. The concepts of evidence and evidence are examined under the heading  Evidence, conviction and proof  in comments to article 155.


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