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In this article the author investigates the errors that can make the judgment null and void and, therefore, produce the reversal of the res judicata.She – starting from the definition of res judicata as the irrevocable end of a correctly constructed judicial proceeding – tries to find out what, in the Sixteenth and Seventeenth centuries, gives substance to it in order to better understand the discipline of the miscarriage of justice of the time. She will, therefore, see the differences between final judgment and res judicata; the relationship between appeal and res judicata; the elements which constitute the authority of the res judicata; the iuris et de iure presumption: res iudicata pro veritate habetur which gives it foundation; and the judicial errors made in a criminal judgment that are taken into consideration by the Italian and German ius commune jurists.

crime, histoire and sociétés

Res judicata and null and void judgment in the Italian and German doctrine of Sixteenth – and Seventeenth – century criminal law. Certain interpretative profiles