CRIMINAL EVIDENCE

Criminal Evidence

Criminal Evidence

The tests are criminal element that gives life to the process criminal, become dynamic, rational, efficient and technically, also make possible the realization of justice criminal. May, the evidence presented as intangible assets as items materials , it is then that we must distinguish between testing and evidence.

It is generally based on the credibility of the people, either because they have witnessed an act that occurred within the functional area of its sense organs (vision and hearing ) or because they are experts in a given scientific branch, allowing them to express opinions techniques of why and how certain events have occurred (Bloch, 2006).

Form of Evidence Criminal

This matter is imbued with human feeling in every track, every trail, every evidence and every indication is materialized the most intense passion, a man is driven by its lower feelings when wielding a gun and shoots in against another and kills him, just when he decides to sexually abusing a person breaks the clothes, beaten, etc.

This type of evidentiary material has many dimensions, reflects the psychological situation of the person, their economic, social and even their feelings of love and hate, frustration, all these elements play an important role when considering an appropriate penalty, not only to the fact described and classified as a crime but the reasons and circumstances behind it. Of evidence also depends, in fact, that the sentence is mitigated or aggravated, by the shape and consequences of the crime or could have, even long time after doing so (Brandl, 2008).

Therefore, the evidence is not only aimed at determining the existence and possible participation in a crime, but also to play with different variations of the same offense.

Confession

Confession is the acknowledgment of our own responsibility and participation staff in the commission of a crime in any of the forms mentioned in Article 21 of the Code of Social Defense.

The confession can be received by the public prosecutor in the preliminary investigation, or the judge or court before which the process and in the latter case, the confession is allowed at any state of the proceedings pending its decision irrevocable sentence.

Apply to the confession, the following provisions:

No defendant can be compelled to testify.

The accused must be assisted by counsel in all proceedings in which is questioned, since the time of his arrest (Bloch, 2006).

Types of evidences

It is transmitted to the intelligence of another person or persons, unknown events, and presents them as truth. That is, generate conviction, for it is necessary to be convinced of what it says is true and that is faithfully adhered to the facts and what occurred in the human and social practice. The evidence in general, are a science applied to procedural law and is a major in criminal evidence, referring to the process whose purpose is to apply the law in criminal cases to be satisfied with the specific type of crime and whose characteristics are described in the Act ...