TY - JOUR
T1 - The So-Called Refusal to Assess Evidence in the Scholarship and Case Law
AU - Robles, Carlos Correa
N1 - Funding Information:
This paper is part of a research funded through a Fondecyt Iniciación Project (Nº 11190036: “La prueba ilícita en el proceso penal: más allá de la regla de exclusión”, 2019-2022), which support I thank in this note. I especially thank Catalina Correa for her collaboration in the gathering of material for making this paper, Professor Agustina Alvarado and the anonymous reviewers for their valuable comments and suggestions. Article received on April 8, 2020 and accepted for publication on January 15, 2021. Translated by Fluent Traducciones.
Publisher Copyright:
© 2021, Universidad Adolfo Ibanez. All rights reserved.
PY - 2021
Y1 - 2021
N2 - This paper analyzes the so-called refusal to assess evidence in the Chilean criminal process. For this purpose, the most relevant case law of the higher courts in favor and against this possibility is presented, while also explaining the doctrine’s stance in this regard. In conclusion, the reader is provided with a position in favor of such refusal to assess evidence, understanding it as a mechanism to safeguard the effective protection of fundamental guarantees in obtaining evidence, beyond the exclusionary rule of evidence.
AB - This paper analyzes the so-called refusal to assess evidence in the Chilean criminal process. For this purpose, the most relevant case law of the higher courts in favor and against this possibility is presented, while also explaining the doctrine’s stance in this regard. In conclusion, the reader is provided with a position in favor of such refusal to assess evidence, understanding it as a mechanism to safeguard the effective protection of fundamental guarantees in obtaining evidence, beyond the exclusionary rule of evidence.
KW - criminal process
KW - evidence valoration
KW - illicit evidence
KW - probatory law
UR - http://www.scopus.com/inward/record.url?scp=85159804539&partnerID=8YFLogxK
U2 - 10.15691/0719-9112VOL8A2
DO - 10.15691/0719-9112VOL8A2
M3 - Article
AN - SCOPUS:85159804539
SN - 0719-9104
VL - 8
SP - 94
EP - 121
JO - Latin American Legal Studies
JF - Latin American Legal Studies
ER -
