Los estándares de cientificidad como criterio de admisibilidad de la prueba científica = Scientific standards as admissibility requirements for scientific evidence Articles uri icon

authors

  • ALCOCEBA GIL, JUAN MANUEL

publication date

  • April 2018

start page

  • 215

end page

  • 242

volume

  • 4

International Standard Serial Number (ISSN)

  • 2359-3881

Electronic International Standard Serial Number (EISSN)

  • 2525-510X

abstract

  • Applied sciences are increasingly used by the judicature as the primary means of access to knowledge of the facts under investigation or prosecution. This is evidenced by the fact that there is a growing number of evidence gathered through investigation methods that are based on forensic sciences. However, the legislation does not contain guidelines to identify which tests deserve the qualification of scientific and which do not. The main cause of this omission seems to be rooted in the inexistence of a legal concept of science, which is necessary to delimit the form and content of scientific evidence. Only in American jurisprudence can certain criteria be found to determine the scientificity of the evidence. These criteria are known as jurisprudential standards of scientificity and have a clear heterogeneous character, since they integrate elements from different notions of science. Through the analysis of such standards of scient

keywords

  • proceso penal; prueba científica; jurisprudencia; estándares de cientificidad; ciencias forenses; criminal procedure; scientific evidence; scientific standards; forensic sciences