Favors Chain Worldwide

Favors chain worldwide

Introduction

Worldwide, the problem of compliance with the existing regulations for the means of evidence obtained within a site of the event or scene of the crime in order to establish the criminal responsibility of any citizen must be with the greatest transparency and occupies a preponderant placeIn a justice system, which requires adequate response from the different operators of the criminal system before the commission of a crime.

 It should be specified that within the set of constitutional guarantees that make up the notion of due process, there is the right of any person to be judged in accordance with the judicial procedure previously established in the law, and the call of the rule of law. In the same order of ideas, it is necessarywhich make analytical and critical use of criminal expertise.

Developing

According to the Single Custody Chain Manual of the Public Prosecutor’s Office as an element, which in one way or another can excuse or blame a person who is predictably investigated in a criminal act. The chain of custody is the legal guarantee that allows the ideal management of evidence, in order to avoid their modification, alteration or pollution from its location at the site of the event or place of the finding.

His career for the different agencies of criminal, criminal and forensic investigations, the consignment of the results to the competent authority, until the culmination of the process.

The importance of the chain of custody is that neither the jurisdictional body, nor the defense can question the integrity and admissibility of the evidence, because its possession is always established, since it is achieved and collection until it is presentedto court.

One of the principles established in the custody chain manual and that must govern for all criminal procedures where there is a chain of custody is the principle of legality, since this principle as an element of proof depends on the fact that in the diligence in whichIt is collected or obtained, what has been prescribed in the Political Constitution has been observed, in international human rights treaties in force in our country and in the laws.

In the same order of ideas, there is the authenticity of the test element extracted from the chain of custody and taken before the judge already according to the Organic Code of Criminal Procedure Article 186 must be authentic, when they have been detected, fixed, collected and embalmedTechnically, and subject to the chain rules of custody. Basic principles of the chain of custody according to the Regulation of Evidence Custody of the Public Ministry.

It should be noted that, currently in Venezuela specifically in the accusatory criminal system, a special value is granted to the chain of custody as the legal guarantee of the management of evidence in the expert process that will then be presented as means of evidence, in this regard inArticle 187 of the Organic Code of Criminal Procedure is established:

Every official or official who collects physical evidence must comply with the chain of custody, being understood by this, the legal guarantee that allows the ideal management of digital, physical or material evidence, in order to avoid its modification, alteration or pollution from theMoment of its location at the site of the event or place of the finding, its trajectory for the different dependencies of criminal, criminal and forensic investigations, the consignment of the results to the competent authority, until the culmination of the process

Unquestionably in Venezuela from the promulgation of the Organic Criminal Procedure Code, in 1999, an accusatory system of the most important and important in the world was born with it, in which the application of the inquisitive system is left behind, product of policiesCriminal adjectives of the fourth Republic, in which human rights and due process were violated day by day.

In this sense, experts that are presented as a means of evidence in the criminal process must ensure that they were processed following the protocols established in the Organic Criminal Procedure Code and in the Single Custody Chain Manual, so that it acquiresstrong validity, in order to be considered within the case as a fundamental means of evidence in clarifying the facts, especially when it comes to the violation of inherent rights such as human being.

It is of great relevance to point out that according to the figures of the memory and account of the Ministry for Penitentiary Services, there is a percentage of defendants who have not been sentenced with procedural speed because the parties involved in the process called judges, prosecutors or defense due to ignorancescientific technicians of the environment from the point of view of criminal science, do not have the necessary tools to carry the criminal process with total effectiveness.

conclusion

This problem comes to cause the admissibility of these means of evidence that have been obtained in contaminated, illegal non -transparent way and being scientifically analyzed with so many inconsistencies, becoming this means of proof of criminal science in the probative element in the decision only of the decision only of thejudge;what will allow the future to establish the scientific technical suitability of the expertise, and if the subject is responsible or not for the criminal action.