The essay is a study of defense in inquisitorial trial, focusing on a collection of defensiones preserved in National Library of Naples. Defensiones are crucial point of view to analyze close relationship between institutional and normative context and the operations of justice in the inquisitorial courts. According to this perspective, the paper examines the lawyer’s role in the inquisitorial procedures and defense strategies to bring about most favorable outcome for the defendant. Despite the inquisitorial rule to hide from the accused the names of the accusing witnesses, advocate could try to mitigate prosecutor’s evidence by denying the fact, by lodging exceptions against the witnesses, by proving defendant’s good life and Christian beliefs
Storie di ordinaria inquisizione. L'avvocato e la difesa del reo nel processo di fede in una raccolta napoletana del tardo Seicento.
SERPICO, Francesco
2017-01-01
Abstract
The essay is a study of defense in inquisitorial trial, focusing on a collection of defensiones preserved in National Library of Naples. Defensiones are crucial point of view to analyze close relationship between institutional and normative context and the operations of justice in the inquisitorial courts. According to this perspective, the paper examines the lawyer’s role in the inquisitorial procedures and defense strategies to bring about most favorable outcome for the defendant. Despite the inquisitorial rule to hide from the accused the names of the accusing witnesses, advocate could try to mitigate prosecutor’s evidence by denying the fact, by lodging exceptions against the witnesses, by proving defendant’s good life and Christian beliefsI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
