La prueba pericial documentológica en el proceso penal acusatorio

Abstract

For its traditional probative value, expert evidence is the subject of constant study in the procedural doctrine, and not for this reason the debate remains current if it is reasoned that the expert opinions are value judgments based on the knowledge of a technique or science, also correspond to the level of development reached by the science in question. Thus, it is necessary to go deeper into certain specificities that transcend the recognized evidentiary capacity of the expertise, which has also led to the fact that, given its dual legal nature, it is more frequently admitted as documentary evidence, without the need to hear the expert, this is founded, among other reasons, on utilitarian grounds, such as the significant workload weighing on experts from official institutions, making their constant appearance in court truly impossible. Recognizing the level of development and reliability of certain criminal investigation techniques such as documentology is recognized, together with the harmonious existence of procedural principles and constitutional guarantees that inform due criminal process and that must be respected, such as, for example, the well-known presumption of innocence until a guilty verdict is reached, it must be accepted that all possible procedural guarantees must be introduced in the process to achieve greater reliability in the conclusions derived from the expert proceedings, the need to introduce in the process all possible procedural guarantees must be admitted to achieve greater reliability in the conclusions derived from the expert actions, that is to say, the adoption of strict adherence to legal and scientific procedures must be accepted, as a competent professional action following the advancement of science.