The Forensic Explanation and the Perfectioning of the Factual Picture in the Criminal Process. Building the Bases of a Testimony Criminalistic; [La explicação forense e a melhora do quadro fático no processo penal. Construindo as bases criminalística do testemunho]

Benavente Chorres H.; Aylas Ortiz R. · Opinion Juridica (2022) · DOI: 10.22395/ojum.v21n44a11

Resumen

This article has as its main goal fundamenting that the forensic or criminalistic explanation of the testimony will be the one to corroborate the testimony and the one that perfects the factual picture within the criminal process and allows to confirm or dismiss the infraction of a criminal,judicial duty that also updates a determinate criminal type, as well as the affectation of a judicial asset protected. The methodology used in that intelligence was selecting a given normative framework, the Peruvian legislation, and studying the judicial resolutions emitted by the Peruvian Supreme Court of Justice. This was made to identify what normative wise is demanded in order to aledge a corroborated declaration and the problems found by the operators to achieve such result. In that context, it wa concluded from the results gathered that the testimony needs to be corroborated by technical and scientific evidence by criminalistics and forensics, including psychologists, regarding the expert processing of the obtained clues. Thus, the study has labeled such a model as testimony criminalistic, which opposes testimony psychology as it is also expressed in this study.