The burden of proof in legal architecture of the crime

Abstract

AbstractThe main purpose, which aims to Evidence Code is to access the reality that will not come only through the process evidential of the search for evidence of criminal and submit it to the judiciary to say his speech on the basis of either guilt or innocence This is a directory means discretion is exercised by the judge of criminal authority examination and up to close scrutiny by which to estimate legal in terms of crime committed in relation to the accused or his innocence.In order to create safeguards for the accused of these guarantees is only an expression of the force of law to provide protection to its members and their freedoms.Given the importance that occupied by the rules of evidence in criminal access to the truth because the law was found for human beings and protect their interests and that is very penal provisions is to protect legitimate interests. The definition of a crime in a Criminology of the most complicated things did not give Penal Code, like most criminal legislation a definition of the crime differed jurisprudence in its definition also differed in the corners but it can be defined the crime as "an unlawful act, issued by the will of evil, decides to have a law sanction a criminal ", and then the crime on the three pillars , corner material is three elements, the act or omission with him and the result of criminal consequences of this act and the causal link between the act and the result is the mental element texture perception, selection and corner legitimate checks subjecting the verb text guilt and not subject to reason as a result.