Prove legali e libero convincimento

After having re read both the method of the free conviction and that of the legal evidence under the historical – philososophical light, the thesis proposes to analyse and verify the efficiency of the rule of judgement of the (relatively new) code of criminal procedure. The experiences in term of the Rocco code through which the intime conviction had legitimated the use of the diverse probatory materials obtained, even in disregard of the fondamental human rights, are well known. The study examines if and in what measure the actual regulatory framework inspired by the free convinction, that has reconfigure the entire probatory system, is suitable to circumscribe those deviated judicial practices and to guarantee a just sentence. Under this reconstruction, the thesis analyses the evidentiary methods used by the judge even in relation to the so called scientific proof. Following the said analysis, the deduction is that to reach a just sentence it is necessary to retrive both the tradition of proof as argomentum and the probatory rules which, without detracting anything from the intime conviction, allow to regulate the probatory materials in the judge’s hands in the respect of the fundamental human rights, surpassing the disrepute commonly associated with the concept of “legal proof”.