The evidence transferred in the accusatory criminal system and constitutional postulates

Abstract

The existing relationship between the purposes of the evidence and the material truth as an end of the criminal process, together with the recognition of the individual as an active subject in the practice of the evidence, makes it necessary to reflect on the admissibility or not in the accusatory criminal system of the elements of evidence obtained outside the oral trial in judicial proceedings other than the knowledge stage and also on the use of these instruments in view of the constitutional postulates; it is referred, then, to the figure that the previous system called as transferred evidence. The debate on the matter continues in both doctrine and jurisprudence: on the one hand, there are positions that consider the dispute closed and do not cover all aspects of the problem; and, on the other hand, there are those who understand that these tools can be used because they do not contravene the constitutional criminal principles of a social and democratic State of Law, nor the minimum international standards on human rights. The latter position is the starting point of this academic elaboration, but it is based on constitutional postulates.