"SPURIO" REASON ACCREDITATION

I-DEFINITION OF "SPURIO".

Aspects :

-a-Adjective-The adjective spurious, which comes from the Latin "spurius", is used to describe that which degenerates from its nature or its origin; That is, it does not correspond to its original state or its ancestors.

A spurious child, in this brand, is the offspring of a non-marital relationship or the illegitimate child of a father, whether unknown or known.

Although the definition varies according to the legislation, it can be said that the individual whose mother is widowed or single at the time of birth and whose father is not recorded, is a spurious child. A spurious child is also the descendant of a couple who, at the time of conception and birth, could not be married.

In ancient times, spurious children were discriminated against and had no right to inheritance. Currently, however, spurious children and legitimate children are in the same situation before the law.

This leads us to think about the instability by which morality is characterized: throughout the history of our species, the concepts of good and evil, right and wrong, decent and indecent have changed in numerous times, in various directions, and we have not yet reached a balance, perhaps because it is not possible. Certain things that in the past were considered unacceptable, today are taken as absolutely normal, and the same thing happens in the opposite direction.

-b-Idea-The idea of spurious is also used to refer to what is false or fraudulent. When something is adulterated or is a fake or imitation, it can be classified as spurious.

In this sense, the notion of spurious is usually used with respect to what is degenerate (as a deviation from the essence of that which generated it or as that which has an illegitimate origin).

Suppose that a dictator who came to power through a coup d'état announces the convocation of a constituent assembly.

Opponents may claim that this is a "spurious process" since only a constitutional president has the power to call such an assembly.

-c-Statement-A spurious statement is not legitimate but fake, it is created with the objective of convincing the interlocutor of something that is not true, that is not genuine. This can be applied in the field of law to qualify certain accusations that lack veracity, although they are not always deliberate lies but may be due to an alteration of mind at the time of issuing them.

-d-Spurious argument-If we think of a person who accuses his partner with false arguments of having physically and psychologically attacked him, the authorities must weigh all the evidence to find the reason for such a lie. One of the possibilities is that the relationship was in a moment of great deterioration, with daily arguments and on the verge of breakdown, and that this wear and tear has clouded the reason of the supposed victim. In a case like this one speaks of spurious spirit or spurious motive.

-e-Use of the word-With respect to the use of the word spurious, it is not very common in everyday speech, although it does appear in various journalistic texts and literary works. One of the problems that this entails is the distortion to "spurious", a word that does not exist.

In this case, we are far from a vulgar error, since it arises with the intention of achieving correction in speech: this is part of hypercorrection or ultracorrection, a phenomenon that occurs when the speaker believes he is faced with an incorrect form. and modifies it with his knowledge of the language to, in his opinion, correct it.

II-PRINCIPLES OF ASSESSMENT OF THE EVIDENCE

It is very common to find in cases of gender violence or sexual assaults and abuses, that the only evidence to refute the presumption of innocence of the accused is the statement of the victim herself, making it impossible to add to the instruction of the procedure other evidence that would achieve Advertise the statement of the victim or accused.

As is customary, the Supreme Court, in peaceful and reiterated jurisprudence, focuses the analysis of the subjective credibility of the victim on three points :

-a-Absence of incredibility-Statement motivated by non-spurious motives.

-b-Verisimilitude-Can be corroborated with peripheral facts.

-c-Persistence in incrimination-Declaration prolonged over time, without ambiguities or contradictions.

The aforementioned requirements are not requirements that establish a "iure et de iure" presumption, that is, that by the mere fact of being met we find ourselves faced with a statement that automatically distorts the presumption of innocence of the accused.

These requirements are legal reasoning guidelines offered by jurisprudential doctrine so that the statement can be assessed as credible, but by the mere fact that these legal reasoning guidelines are met, the statement cannot be covered by a mantle of credibility.

III-"SPURIOUS" REASONS.

The oral hearing of a quick trial, for example, in which the victim presents his facts and the accused is heard for the first time by his honor

Let us realize that among the different spurious motives that the most recent jurisprudential doctrine has established are, among others, the following :

-a-Resentment.

-b-Enmity.

-c-Confrontation.

-d-Fabulation.

-e-Delay in reporting.

Having said the above, it is impossible that during the duration of the oral hearing of the trial, your honor can appreciate or rule out with complete certainty that there is no spurious motive for which the victim's statement was made.

IV-EVIDENCE AVAILABLE

Regarding the verisimilitude of the testimony, said precept is in itself contradictory, since :

-a-The only means of proof is the victim's statement-We are faced with cases in which we only have the statement of the victim and the accused as means of proof ; although it cannot be considered as a matter of fact.

-b-Principle of presumption of innocence-Therefore, by granting greater credibility to the victim's testimony, the principle of presumption of innocence would be violated, solely by granting "plus" credibility to the victim's statement.

-c-Transfer the investigation to the oral hearing-The job of transferring to the investigation to the oral hearing of the trial, and all the elements that help the Judge to clarify the facts, corresponds to the police and the lawyers of both parties.