Incorporation of documentary evidence
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Keywords

Accusatory criminal system
oral judgment
test medium
documentary evidence
practice
incorporation
adduction

How to Cite

Incorporation of documentary evidence. (2024). Cuadernos De Derecho Penal, 27, 67-116. https://doi.org/10.22518/jour.cdp/202227ID2676

Abstract

The transition from a mixed inquisitorial criminal procedural system to one with an accusatory tendency entailed some difficulties in its application, among them, in the incorporation of evidence, since there are still inaccuracies in the rules that are applicable for this purpose. The study of åthis problem covers all means of proof; however, the documentary evidence has quite controversial aspects that must be examined under a reflection of the recent legal and jurisprudential order. Therefore, this article aims to address the frequent problems of presenting the document in court, that is, the lack of differentiation
of the document as a means of evidence and the lack of knowledge of the rules of adduction in oral proceedings in order to provide some theoretical clarifications and useful practical conclusions for those who apply criminal procedure in any of the roles of our prosecution system.

PDF (Spanish)