What is the probative value of the explanations of the defendant?

What is the probative value of the explanations of the defendant?

 

 

 

SCC reiterates the cassation instance can establish new factual situations and prereshava case and supervise the legality of the contested judgment. The cassation review does not extend the validity of the sentence, and check whether there have been a violation of procedural rules governing the formation of internal belief of the lower instances. Such violations would be ignoring some evidence Tipping their interpretation or distortion of content and their meaning, violating the logic in analyzing their reference to evidentiary sources that have not been collected and verified properly.

Supreme magistrates stated that the explanations of the perpetrator not enjoy pre-established probative and the court is not obliged to lend to them at any cost. The court is required to assess the internal consistency, logic and persuasiveness of the requested by the defendant and to compare his claims with other relevant sources. When it finds that the explanations are contradictory, incomplete or contradicted by other evidence that are a logical and objective, the court can and must not base their findings on legal explanation on the relevant facts and to present convincing reasons why he is for unreliable and serving solely to protect the defendant. Such is the opinion of the SCC Decision № 61 of 05.03.2015, on the NAC. e. № 1847/2014, in connection with the court referred to the alleged substantial procedural violations.