Transferred evidence in the peruvian criminal justice system: Admissibility, confrontation, and evidentiary evaluation in the context of a regulatory gap

Abstract

Transferred evidence constitutes a controversial evidentiary institution in criminal proceedings due to the tension between the search for truth and the protection of the defendant’s fundamental rights. In the Peruvian legal system, the Criminal Procedure Code does not expressly regulate the requirements governing its admissibility, incorporation, contradiction, and evidentiary assessment. This study aimed to determine whether the current legal framework adequately safeguards due process and the right to defense in the use of transferred evidence. A dogmatic-legal methodology was employed, based on the analysis of legal doctrine, case law, and applicable legislation. The findings reveal significant regulatory gaps that create uncertainty regarding the validity of transferred evidentiary materials. The study concludes that the incorporation of specific procedural criteria is necessary to ensure the compatibility of transferred evidence with the principles of contradiction, immediacy, defense, and due process.