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The influence of the Anglo-Saxon model is huge in the criminal procedure context our country belongs to. But we cannot accept each one of its proposal. One of the peculiarities of this system that we should not assume is the way of obtaining compensation for civil damages caused by the wrongful act when it is a crime. In such cases, the victim should go to a civil action based on the right for non-contractual damages (Tort Law). The only aspiration of the victim in criminal process could be the restitution of the thing, which is a poor solution. Therefore, there is no possibility of obtaining this compensation in the criminal process, as it occurs in most of European countries and, in an exemplary way in the Spanish criminal proceedings. This article details this issue and poses a warning in the weaknesses of the adversarial system on this matter. [ABSTRACT FROM AUTHOR]

This paper analyzes the evidence in the context of the modern adversarial criminal process. Also discusses the problem of real truth and procedural truth, the adversarial system, the concept of evidence, the presumption of innocence, the burden of proof, the evidence proceedings and the evidence assessment, the evidence gathered before the trial, the illegally obtained evidence and the means of evidence. [ABSTRACT FROM AUTHOR]