Favors and custody chain
Introduction
In other words, this situation results in many prosecuted are condemned or sentenced, without having enough evidence elements of conviction that the acclaim or exculpation of the crime attributed to it. Therefore, there is a need to determine how these means of evidence that are obtained from the experts carried out do not comply with the Single Manual of Custody Chain Procedures within Criminal Science, and which will later become mediaevidence in order to protect the integrity of the different people involved in criminal proceedings.
Developing
How do you regulate the Single Custody Chain Manual of the Public Prosecutor’s Office the procedures to perform experts to the evidence collected? How does the legal brokenness of the chain of custody affect the right to defense of the accused? What requirements should meet the experts carried out within the framework of the custody chain to be admitted as evidence in the Venezuelan criminal process?
Objectives
The research objectives refer to the concrete goals that allow the researcher to delimit the aspects he wants to investigate and know. These express a result or product of research work. Analyze the criminal experts obtained from the chain of custody as a means of evidence in the Venezuelan criminal process.
Examine the regulations established in the Unique Manuel in Custody of the Public Ministry for the management and processing of physical evidence. Determine how the legal brokenness of a chain of custody in the right to defense of the accused affects. Identify the requirements that the experts carried out in the framework of the custody chain must meet to be admitted as a means of evidence in the criminal process.
Justification
The chain of custody is the legal guarantee that allows the ideal management of physical evidence or material indications in order to avoid its modification, alteration or pollution from the moment of its location at the site of the event until the culmination of the criminal process. Therefore, the high levels of crime require mandatory by the administrators of Justice and the correct applicability of the Single Custody Chain Manual and its strict attachment to prevent the evidence that leads to the resolution of an investigation of an investigation is lost.
Applying the different branches intervening in criminalistics in all their areas, which are necessary with the legal advances and constant development of the indices and for which procedures must be adapted, in accordance with the standards established not only internationally but nationally but nationally.
Likewise, the parties involved in criminal investigation merits to be sensitized and educated regarding the procedures established to maintain the chain of custody and protection of physical evidence and the failures presented in the Single Manual of Procedures in the field of chain of custody of physical evidenceobserved through the behavior reflected in public officials during compliance.
Since the inadequate process in the collection and analysis of evidence can alter the investigation process and the penalty of a person or investigated, criminal sanctions must be established as well as, raise awareness about the adaptation of the investigation processes to the universal rules andupdated techniques that must be adjusted to the manual for methodical application.
In this same order of ideas, this study is part of the investigation line justice administration system, this will analyze the expertise carried out in the chain of custody as an probative element in the Venezuelan legal system, in order to achieve due processmore human and in accordance with the legal status infringed. The investigation arises from the need to determine how the means of evidence that are stolen from the chain of custody are systematically analyzed within the framework of criminal science in order to give coherent response within the administration of justice in the clarification ofa criminal investigation.
At the same time, this research work is of great importance in relation to the criteria for the application of the law, so it can be very useful for all those practitioners in their legal exercise. In addition, jurisprudential analysis can provide lights regarding the application of the norms in question.
conclusion
It also provides simple tools for rapid understanding by the administrators of Justice in the incipient stage of the process and facilitates the materialization of the fulfillment of the manual that leads to the adequate realization of the functions of the criminal investigation and judges asJUSTICE ADMINISTRATORS AND GUARANTEEEMENT OF THE CONSTITUTION OF VENEZUELA.
Before the judgment of a punishable act, ensuring society a correct administration of justice and improving the development, performance and reliability of the intervenings during the collection process, of physical evidence in search of due process, avoiding unfinished research or withdeficient results and disrespecting the lapses in the criminal process.
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