Bibliographic citations
Zereceda, J., (2024). Valoración de la prueba pericial criminalística en los procesos penales en el Distrito Judicial del Cusco, periodo 2020 a 2022 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6477
Zereceda, J., Valoración de la prueba pericial criminalística en los procesos penales en el Distrito Judicial del Cusco, periodo 2020 a 2022 []. PE: Universidad Andina del Cusco; 2024. https://hdl.handle.net/20.500.12557/6477
@phdthesis{renati/25011,
title = "Valoración de la prueba pericial criminalística en los procesos penales en el Distrito Judicial del Cusco, periodo 2020 a 2022",
author = "Zereceda Vásquez, Juvenal",
publisher = "Universidad Andina del Cusco",
year = "2024"
}
“There is no perfect crime” what exists are “imperfect investigations”; It is possible to affirm and agree with this phrase from José Miguel Mulet (professor of Criminal and Forensic Biotechnology at the Polytechnic University of Valencia), who asks these questions: Can the remains of Cervantes be identified? Who committed the Algete crime? Can a crime be committed without leaving any trace? In our environment we could ask ourselves the remains of Alan García (Peru) are those that were found at the scene of the events, then we ask ourselves is there really a perfect crime? The answer in “ No", the truth is that they are not investigated enough, as Locard (father of forensic science) said: Edmon Locard (1877-1966) was a French criminologist: "Every contact leaves a trace, the criminal always leaves something and carry something”. The administration of justice has experienced new challenges, especially in criminal proceedings. The evidence provided by criminology, also known as “scientific evidence,” requires new challenges in the evidentiary activity, in some cases causing contradictions and discrepancies in procedures and knowledge of the experts, in other cases trapping criminal proceedings in the absence of an adequate assessment of the evidence provided by the parties and especially that provided by the criminal expert. These are the reasons that have motivated me to carry out this research, which I am sure will accurately contribute to the determination of hermeneutical guidelines and viable strategies for the administrators of justice, as well as for the procedural actors (aggrieved and accused). Nowadays, the technological and scientific means to identify and analyze indications and evidence have been evolving according to the advance of modern science, at first they were ordeals and the judgment of God, later they were based on confession, generally obtained by means of force, in other cases through torment and torture, but in a state of law like ours, the evidence provided by the man of science through the study and processing of the evidence obtained at the scene of the crime prevails. The present investigation describes the problems that the evidentiary activity currently addresses within the Peruvian criminal process itself in the judicial district of Cusco, identifying its implications and consequences that in many cases put the judge himself in doubt when deciding, since it is always latent error in the judge's decisions, effects and consequences that in many cases can be irreparable for the affected party, consequently the present investigation will allow us to propose protocols and general rules that guide the administrators of justice to ensure that the evidence obtained through a rigorous scientific and technological analysis are suitable, this is where Criminalistics defined by Hans Gross as an auxiliary legal discipline plays a predominant role and as such seeks to clarify a criminal act Methodological procedures that in the present investigation will be analyzed from a perspective of suitability and evaluation of the criminalistic expert evidence in the Peruvian criminal process, and whether these are reliable to determine the guilt or innocence of the accused.
This item is licensed under a Creative Commons License