Abstract

MENDOZA LAURA, Edison Jhancarlos; ESLAVA DE LA CRUZ, Cinthia Karen; ESCUDERO VILCHEZ, Fernando Emilio  and  SALAZAR LLERENA, Silvia Liliana. Expert evidence in the process of effective collaboration: analysis of infringement of the right to contradiction. RCUISRAEL [online]. 2024, vol.11, n.1, pp.161-177.  Epub Apr 10, 2024. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v11n1.2023.997.

The general objective of the article was to systematically analyze through literature review the impact of the violation of the right to contradiction in the process of effective collaboration that resorts to the use of expert evidence. The methodology used was qualitative, basic and with a systematic review design, so it had a sample of 6 articles related to the subject of the study. Regarding the results, it was determined that the expert evidence provides cognitions of other matters whose relationship with the Law increases the possibility of understanding the situation and resolving a trial in the most comprehensive way possible, for which the principle of contradiction must also be ascertained. On the other side, the inquiry was limited by not making constitutional comparisons with other legal systems to conceive the constant differences that imply conceptions to be taken into consideration; however, the value of the study lay in the recognition of the impact that the violation of the aforementioned right implies for companies and individuals according to their responsibility and the imputations for which they must respond. Finally, it was concluded that the adversarial principle is crucial for an integral judgment and should be reinforced when evidence is received from other branches of knowledge.

Keywords : effective collaboration; expert evidence; principle of contradiction; criminal law..

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