El informe pericial para mejor resolver en el COGEG y su vinculación con el derecho a la defensa

Abstract

Abstract: The objective of this research is to analyze the expert evidence for better resolution contained in the COGEP and its connection with the right to defense. It is identified as a problem that the application of expert evidence for better resolution can affect the right to defense of the parties. For the development of this research, the theoretical deductive and practical exegetic methods were used. Through a doctrinal and legal foundation regarding expert evidence for better resolution, and its connection with the right to defense, the collection of information continued through interviews, in order to know if the right to defense is guaranteed in the practice of expert evidence for better resolution. Among the most relevant results in the diagnostic phase, it is shown that, if the right to defense is guaranteed, during the practice of the expert evidence to better resolve, allowing the parties to access the report, prepare their defense and at the appropriate procedural moment to question and cross-examine the expert. However, this right can be affected by the technical defense, due to the inability to sustain the examination and cross-examination of the expert.