Favores chain and their background
Introduction
This chapter refers to the theoretical and legal basis that support the investigation, in this sense Arias affirms that the theoretical framework or referential framework is the product of the documentary -bibliographic review, and consists of a compilation of ideas, authors’ positions,concepts and definitions, which serve as the basis for the investigation to be carried out.
With the approval of the Constitution of the Bolivarian Republic of Venezuela in 1999, a new stage began in the legal-political institutions of the Nation, when Venezuela was constituted in a democratic and social state of law and justice, being one ofThese essential rights that of the defense before any grievance by the representatives of the administrators of Justice, as established in article 49 ordinal 1 of the Constitution.
Developing
According to Arias, the background of the investigation: they reflect the advances and the current state of knowledge in a given area and serve as a model or example for future research. They are, the previous studies, investigations carried out above and that they have some link with the project. In this sense, the background of this research project is presented below.
International background
In this sense, Quintero, I present the degree work called: Imputation formulation: starting point of the principle of congruence for the effectiveness of the constitutional guarantees of the justiciable, at the Military University of New Granada. Bogotá. It was a documentary, bibliographic and analytical investigation, whose general objective was to analyze the principle of congruence, based on the ideological context in which it develops.
Among his conclusions, he expresses that the charges that are imputed to an individual must be specified first so that sufficient knowledge can have and allow him to prepare a technical defense and knowledge of the tests or elements of conviction of the chain of custody that exist in hisagainst, and in the second, that he can display a defensive strategy before a judge in order to leave the crimes for which they are accused in the previous phase.
Likewise, executioner in the city of Cuenca conducted an investigation into him the inefficiency of the custody chain in criminal processes. It was a descriptive study of the judgment of a court, in criminal matters, is based on the evidence, tries to guarantee the integrity of the evidence demanding the chain of custody of the evidence;However, to maintain this, the evidence must be kept in the same way from the moment they are collected, until when they are presented at the trial stage.
The investigation aimed to demonstrate that all proof ensures that the Justice operator makes decisions attached to law, that is, the signs or evidence recovered from the site of the event, were conserved, analyzed, not adulterated, so that, the results the resultsObtained are reliable, being able to demonstrate transparency in the procedures of each institution in charge and in the traceability of the evidence, then giving faith, of what is being examined by a court is the same as it was found in the investigations of the investigation and thatEverything that can be decided has a technical-legal support.
Therefore, the technical test, related to material and physical evidence in criminal matters, and related to an alleged responsibility, is guaranteed through the chain of custody. These approaches are important for this investigation because it addresses due process and the right to defense of any processing.
Lopez also carried out the doctoral thesis called the Custody chain in DNA tests, in the European Union Doctorate Program. It was a bibliographic and documentary investigation that analyzed theories, doctrines and jurisprudence on the chain of custody in Europe and Spain;Its general objective was to make regulation proposals.
The author concluded that the legal system of Spain is necessary. This investigation is related to this study, since the author analyzes a test element used in the Spanish process and the chain of custody. For its part, Barros presented the degree work entitled The chain of custody as an element of charge and average of evidence within the criminal process in the trial stage at the Regional Autonomous University of the Andes. The general objective was:
Design a legal critical analysis document that evidences as through the application of the Custody Chain Manual Comprehensive Specialized System of Research, Legal Medicine and Forensic Sciences in which it is provided that the particular person who has contact with the evidence is responsible for the chainof custody;and propose an alternative that guarantees the controlled procedure that must be taken for the correct manipulation of future tests as provided by COIP.
The evidence is the activity for which the conviction of the court is attempted that the facts alleged by the parties are correct and create a reasonable doubt in the judge, and this can resolve through the facts presented by the parties, as long as thiscomply with the principles of legality. The investigation is related to the present study because in it the chain of custodian was analyzed as a means of burden and evidence in the criminal process, as it is intended to analyze in this research project.
In this same order of ideas, I had the investigation entitled impact of the custody chain on the validity of criminal proceedings, and need for sanction for those responsible for their violation. The general objective was to determine the impact of the custody chain on the validity of criminal proceedings and the need to sanction those responsible for their violation, was a documentary, bibliographic and field investigation, surveys were applied to 30 law professionals.
conclusion
The author reached the following conclusions: When the elements of a crime were not properly managedof the Constitution or the law will not have any validity and will lack probative efficacy, as well as legal certainty, among others.
In use of the powers granted by the Constitution of the Republic, the legislator should propose a legal reform to incorporate regulations that establish that the judges who notice violation of the chain of custody, urge the corresponding authorities to initiate the trialrespective to those responsible. The investigation is related to this study, since it was analyzed as is the impact of the custody chain on the criminal process and the rights of the accused.
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