THE PRINCIPLE OF CONGRUENCE IN CRIMINAL JUSTICE. A RECONSIDERATION BASED ON LEGAL SEMIOTICS

Research on congruence (relationship betwen charge and sentence: impossibility modifications of the legal characterization of facts) of a hermeneutic and dogmatic nature is identified by seeking a general and independent theory of procedural practices. They managed to make it a principle of law, and they seek a relative formula, consisting in authorising the judges to change the charges made by the accusers, within certain limits. On the contrary, semiotic research shows that congruence is a principle that has its own rationality, which being respected guarantees the right of defense and the presumption of innocence, defines procedural practices and contributes to Social control over the activity of the accuser. Following this line, this research investigates the relationship between congruence and justice, deconstructing its mine. This means that it is a sign integrated into a procedural sign system, through which the communicative functions that operate within the penal process are fulfilled. Specifically, congruence establishes the reference of procedural communication, serves as a regulatory rule in the inquisitorial processes, and as a constitutive rule in the adversarial processes. Most importantly, it constitutes the procedural channel through which the judge can circulate the social sense of justice.