The Truth as the Defeated in a Τrial

By Giorgos Kazoleas, Lawyer

Truth and trial are two concepts that seem to follow opposite paths, despite the fact that the former should be the purpose of the latter and despite the fact that the invocation of the truth during the trial is continuous and repeated. 

In both civil and criminal trials the competition between the participants in the process is usually focused on distorting and misrepresenting the truth in order to make it convenient and ultimately accepted by the final arbiter, who is the judge.

Witnesses are mostly prepared, if not «fabricated», to testify to what each party wishes to be proven. The truth in their testimony often seems to be lost or degraded in details which, however, are decisive for the needs of the trial. A deviation in the minute of time can affect the verdict, an omission of a seemingly insignificant fact can overturn a judicial conviction.

Lawyers are masters at constructing the truth that is favorable each time, the version that will facilitate their client. They often do not even know the real truth themselves (in fact they do not care to know it), which, combined with the duty of defense, frees them from any reservations of presenting the truth according to their interests. Some lawyers have actually constructed the scenario so well that they give the impression that they themselves have believed it to be true.

The opposing parties or the accused (in criminal justice) are ready to fight to convince the judges of their own truth, a truth that contains small or big lies, decisive or insignificant omissions. They have entrusted their fortunes to their lawyers and to their witnesses who will "build" their story.

Finally, the judges decide upon what was presented either in writing or orally before them. It appears that the battle of diagnosing the real truth has been actually lost. The judges will fatally end up endorsing the position of the one who handled the game of presenting the truth better in procedural terms ; or at least they will reconcile the opposite positions under a common denominator which will probably not be the complete truth.

In this view of the trial as a human mechanism for administering justice, power plays a prominent role. The strength of each participant, which may consist of wealth or power, or even rhetorical skills, will try to influence the final outcome.

In practice, the trial as a battle for the truth seems lost, depending on which interests will prevail. As Erich Fromm aptly wrote, "it sometimes happens that some interests are advanced by the discovery of truth, others by its destruction." 

Read more articles by Giorgos Kazoleas here

(photo:freepik.com)

Comments

Post a Comment

Editorial

Editorial
George Kazoleas, Lawyer

Top Stories

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld her find
Read more

First judgment of the ECHR: Lawless v. Ireland

Image
60 years ago, on 14 November 1960, the Court delivered its first judgment, Lawless v. Ireland, with René Cassin as its President. The judgment concerned preliminary objections and procedural questions regarding the application, on which a judgment on the merits was delivered the following year. Since its inauguration the Court has delivered 23,291 judgments on just over 51,650 applications. The case was filed by Gerard Richard Lawless, who had been an IRA member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain from Ireland, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no punishment without law'
Read more

The Lawyer's right to refuse the defense of an accused person for ethical reasons

Image
by Giorgos Kazoleas, Lawyer LL.M. Lawyers have the right to refuse to undertake a case when it conflicts with their moral principles, their dignity and conscience. Both the Code of Lawyers in Greece and the Code of Lawyers 'Ethics in Cyprus provide the legal framework to support this choice.   The Greek Legislation The lawyer's right to refuse the defense of a specific defendant in a criminal trial clearly follows from the wording of article 37 of the Lawyers' Code (Law 4194/2013). According to paragraph 1 of this article, the lawyer has an obligation to undertake any case, unless it is manifestly unfounded, not amenable to defense, conflicts with the interests of other clients or goes against his/her principles. According to paragraph 2, the lawyer must undertake the defense of any accused, if requested by the judicial authorities, subject to paragraph 1. The reasons for refusing to undertake a case are expanded by article 6 of the Greek Code of Ethics of the Legal Pro
Read more

Gigantic fine for unfair practices imposed on Booking.com by the Competition Authority of Hungary

Image
One of the highest fines for violation of unfair competition law has been imposed (28/4/2020) on online hotel booking platform ‘’Booking.com’’ by the Hungarian Competition Authority. The amount of the fine (approximately EUR 6 million / HUF 2.5 billion) imposed by the Authority illustrates the seriousness of the Dutch company's violations. The Hungarian Competition Authority (GVH) imposed a fine of HUF 2.5 billion on the operator of the online booking portal booking.com, and at the same time banned the Dutch company from continuing its aggressive sales methods. According to the decision of the competition authority, Booking.com B.V. engaged in unfair commercial practices against consumers by, among other things, misleadingly advertising some of its accommodations with a free cancellation option and exerting undue psychological pressure on consumers to make early bookings. As a result of the Competition Authority’s competition supervision proceeding  initiated in 2018, the autho
Read more

Graduate Programme 2024 for EU Nationals in European Central Bank

Image
European Central Bank (ECB) is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme offering full time monthly net salary €4,611 plus benefits. General Information  Type of contract: Two-year fixed-term contract starting on 1 September. It may be extended for one additional year upon successful completion of the programme. Who can apply?  EU nationals Salary  E/F (bracket 1 - step 1) full time monthly net salary: €4,611 plus benefits, for further information see  here . Working time:  Full time Place of work:  Frankfurt am Main, Germany Closing date:  21.02.2024 ECB is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme.  You will have different ages, backgrounds and interests and will find intellectual challenges, varied opportunities and a people-centred working culture that gives you a voice and the chance to make an i
Read more

The principle of the most favourable rule as a basic principle of Greek Labour Law

Image
By Evlampia Tsolaki, Attorney at Law* The principle of the most favourable rule (Günstigkeitsprinzip) constitutes a distinct characteristic of Greek labour law as it introduces a noteworthy exception to the strict pyramidal hierarchy that regulates by and large the relationship of the rules of law in the Greek legal order. Its application presupposes that two labour law legal sources of different legal nature and in any case of different origin co-exist and therefore demand to be implemented at the same time, given that they regulate the same issue, such as the days provided for a leave. On the condition, that an employment relationship falls within the ratione materiae, personae, temporis and loci of those both legal instruments and cumulatively both of its parties, namely the employer and employee, are bound by them, then the primacy will not be determined in accordance with the formal weight of each one, but pursuant to their substantive content according to the principle of the mos
Read more

Nepotism and favouritism in the legal profession

Image
by Giorgos Kazoleas, Lawyer Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism. Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common. In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails  in the legal profession. Among lawyers and jud
Read more