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Opinión Jurídica

Print version ISSN 1692-2530On-line version ISSN 2248-4078

Abstract

BENAVENTE CHORRES, Hesbert  and  AYLAS ORTIZ, Renato. The Forensic Explanation and the Perfectioning of the Factual Picture in the Criminal Process. Building the Bases of a Testimony Criminalistic. Opin. jurid. [online]. 2022, vol.21, n.44, pp.216-237.  Epub Mar 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a11.

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.

Keywords : Criminal process; factual picture; forensic reading; psychology of the testimony; veracity of forensic information.

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