The fictitious confession, Regarding procedural law, it refers to the omission of the answer by the defendant when he is in the first stages of the judicial process. In certain cases this can be interpreted as an acceptance of the allegations that have been made against.
It is worth mentioning that there are different cases in which the defendant may not be acquitted during the process: if the defendant does not appear and if he does not respond or evasively answers. In any situation, the decision will depend on the judge and the rules of each country..
On the other hand, this term is also related to the confession test, historically considered the maximum of all tests because it is a manifestation of will. That is why, if the defendant does not respond or does not defend himself during the process, inaction could act against him..
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As stated above, the fictional confession refers to the failure of the defendant to defend himself during the plaintiff's answer, which could make the case presumed guilty. This phenomenon is counterproductive because due process contemplates the right of individuals to legitimate defense..
Therefore, by not having the defense arguments, the judge will be prevented from knowing what the real circumstances of the case were..
Although the decisions will depend on the laws and the judge in charge, it is important to mention the circumstances in which a fictional confession will be considered:
-The defendant does not appear to appear on the cited day without any justifying reason.
-The defendant does not answer the questions or does so evasively.
-The defendant does not present the proper evidence for his defense.
-The defendant does not respond because the lawsuit is against the law.
It must be taken into account that, although the lack of response may be harmful to the defendant's defense, a total presumption of the facts should not be made, since the evidence is still in process.
Likewise, the defendant may not allege new facts after the fictional confession during the times established by law. However, it is worth mentioning that you will be able to present a number of convenient proofs that act in your favor.
The laws derived from the s. XVII, which are in force, consider that if a person does not answer the lawsuit, they would be accused of the facts in order to seek justice among citizens..
The most recent laws indicate that if the accused party does not present arguments, they cannot be adjudged guilty of the fact, although the judge will take this situation into account for a future decision..
In this particular case, the assessment of the circumstances will be analyzed by the judge.
The fictional confession is not linked to the judge, but it is considered that, from the legal point of view, it may be a sufficient basis to presume the certainty of that fact..
The country's Civil Procedure Code indicates that the defendant is given a certain period of time to express his defense argument, as the case may be..
Otherwise, the fictitious confession will be considered as sufficient evidence for the execution of a sentence against him..
Although the fictitious confession is manifested, it is not considered as a confession because it is still in the period of presentation of evidence. That is, there is no presumption of guilt.
However, it should be mentioned that this situation forces the defendant to present new evidence that may favor him during the lawsuit..
According to the Code of Civil Procedures in Mexico, the fictitious confession will not be valid unless full evidence is presented or "with reliable means".
If the defendant did not go to the appointment or did not want to respond, that is not enough to fully accuse him of the facts presented: "The fictitious or tacit confession, by itself, will be insufficient if it is not concatenated with other means of conviction".
-Under certain laws, if the individual makes a fictitious confession, he or she can be detained during the process of presenting the evidence. If not, the judge must issue a judgment based on the defendant's inaction..
-If the defendant manages to present evidence in favor of his case, the counterpart must prepare a defense on the case that was reversed; otherwise you will lose your mind.
-The fictional confession may be valid as long as evidence is presented that corroborates the facts omitted by the defendant..
-If no presentation of the evidence is made, the court will establish a certain period in case an appeal is presented by the defendant.
In a demand for eviction from a commercial premises due to non-payment, the defendant did not attend the trial and did not answer the subsequent summons, for which it was considered a false confession.
However, you have the ability to prove your innocence by submitting invoices or payment receipts as a set of new evidence during the process..
At this point, it should be mentioned that, depending on the circumstances of the trial, the plaintiff may request the support of experts or experts to review the work for a set period. If there are no problems with the property, the corresponding payment will be made.
Request for the fulfillment of a divorce demand for the fictitious confession on the part of one of the spouses, who did not attend the day of the trial. In addition, compliance with a record against the absent defendant is also required..
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