Expert evidence is crucial for criminal proceedings

[ishanijerin1]

The principle of freedom of evidence in the Criminal Procedure Code allows the parties involved to present important information about the case using any means of evidence — as long as it does not come from an unconstitutional, illegal or immoral form.

In this way, it is possible to present any evidence, but among them, expert evidence is crucial for the criminal process .

Expert evidence is evidence produced based on scientific panama mobile database foundations and, therefore, guarantees greater veracity of information and exemption from abstract elements.

Other evidence, such as testimonies or interrogations, is subjective in nature, that is, it is easily susceptible to different interpretations, as well as errors and bad faith on the part of those involved.

Expert evidence is based on concrete and scientific facts, so it is less susceptible to distortion and allows for a fairer conclusion to the case.

What happens if the process does not involve the production of expert evidence ?
Article 5 of the Federal Constitution states: “No one shall be considered guilty until a final criminal conviction has been handed down” .

This is the principle of the presumption of innocence, that is, it is that classic premise that you probably already know: “Everyone is innocent until proven guilty” .

Therefore, if there is no evidence linking the accused to the crime, he cannot be sentenced to serve any type of penalty and will be acquitted until some suitable evidence emerges.


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Expert evidence in the new Civil Code
The New Code of Civil Procedure further highlighted the importance of expert evidence in proceedings and brought relevant changes on the subject.

Firstly, Law No. 13,105/2015 established that, if any fact requires specialized technical knowledge, the judge will request the production of expert evidence , so the technical expertise will serve to help him analyze some information that is beyond his understanding.

This evidence is one of the most crucial because it can directly influence the judge's decision regarding the sentence and he will even be assisted by the expert when the evidence of the fact requires technical or scientific knowledge from a professional specialized in the subject.