Theories of argumentation and reasonableness of a court decision in criminal proceedings

Abstract

The analysis of the reasonableness of court decisions in criminal proceedings is of great importance for making a fair and reasonable decision. Decision-making situations requiring more technically elaborate legal arguments are increasingly common in legal realities, marked by the presence of constitutions with these characteristics, and, therefore, the indispensability of an argumentative approach to the analysis of a particular legal phenomenon is emphasised. The problem of thestudy corresponds to the weight given by judges to the arguments related to with evidence in the criminal sphere. Thus, the article offers a reflection on the judge's activity and the obligation to give reasons for judgments in the criminal sphere, where the evidentiary aspect is affected by the presumption of innocence. In this sense, the article provides considerations regarding the arguments of fact in the context of the criminal offence and subsequently in the context of the application of the sentence.