LA INSTALACIÓN DE UNA MESA DE TRABAJO PERICIAL COMO MANIFESTACIÓN DEL DERECHO DE DEFENSA Y SU FUNDAMENTO EPISTEMOLÓGICO

The purpose of this investigation is to support the misinterpretation by some judges and prosecutors regarding Section 2 of Article 177 of the Code of Criminal Procedure. They argue that, unless the law expressly states so, the establishment of a joint expert working group is not mandatory. This disregards any judicial interpretation and turns the decision-making body into a mere literal enforcer of the law. This also contradicts, without any basis, previously issued judicial and doctrinal reasoning on the same subject. It has been pointed out that the establishment of a joint expert working group is regulated in our legal system; therefore, the expert witness is empowered to collaborate or work directly with the institutional expert. Thus, it is concluded that this is the correct way to apply Section 2 of Article 177 of the Code of Criminal Procedure, in accordance with a theological interpretation, taking into account the right to defense and the right to control the evidentiary process as fundamental components of the right to effective procedural protection granted to every citizen under investigation in a criminal proceeding. This allows for improving the preparation of official expert reports based on the epistemology of evidence, which seeks to make expert analysis as reliable as possible and reduce the risks inherent in any judicial system: erroneous sentences.