Prueba indiciaria y Presunción de Inocencia en el Proceso Penal

Abstract

The theory of circumstantial evidence and presumption of innocence is regulated in the procedural rules, the same as it is based on efficiency and the requirements for validity, however, has doctrinal works occupy an important place in the study of the evidence. Circumstantial evidence and the presumption of innocence in criminal proceedings according to the evidence presented; the judge may determine the innocence of the accused as it is in between the freedom of a human being, the circumstantial evidence is, then, closely related to the presumption of innocence enshrined in our Constitution. The decision to open the investigation and the final decision to be issued stating the responsibility or liability of the accused, a state of suspicion that inexorably determines the need for the advent of probation and only through this activity can be accentuated or fade that suspicion is generated. In this research work we study different subjects as evidence in criminal proceedings, circumstantial evidence, presumption of innocence and the presumption of innocence and circumstantial evidence, however, our legislation requires be more unambiguous and consistent with the new procedural system, the test may be enough to convict or absolve a person, by the scientific advancement of science.