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Title: La escena del delito en la muerte de etiología violenta, la cadena de custodia del indicio físico y psíquico
Author: Garrigos Cachazo, Eider
Tutor: García Minguito, Laura
Keywords: chain of custody
crime scene
presumption of innocence
proof of charge
Issue Date: May-2020
Publisher: Universitat Oberta de Catalunya (UOC)
Abstract: Criminal Justice, attending to constitutional mandates and principles, has the obligation to respect the procedural rights and guarantees, among which it is worth mentioning, given its special relevance with the following work, the right to effective judicial protection and the right to the presumption of innocence, both precepts contained in article 24 of the Spanish Constitution. By virtue of these principles, the guilt of the accused must be sufficiently established by valid and substantiated evidence of charge. The following work, precisely, has the purpose of presenting the reality of the chain of custody and the evidence of charge in the Spanish criminal justice system. It will described the process that guarantees its integrity and authenticity, since the the evidence is found at the crime scene until it is presented in court. Likewise, the nature of the different types of evidence are analyzed and the legal regulation of the admissibility of the evidence is exposed, as well as the procedural action for the collection, transport and custody of the vests. Finally, the main difficulties that legal actors have to face to preserve the integrity of the evidence is described. A critical reflection is carried out to improve the quality of the chain of custody process at the national and international levels, a fundamental aspect to guarantee the right of effective judicial protection.
Language: Spanish
Appears in Collections:Treballs finals de carrera, treballs de recerca, etc.

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