Express regulation of the chain of custody in the Paraguayan legal system

Abstract

The research shows the need for normative provisions that expressly regulate the chain of custody in the Paraguayan legal system. For this purpose, a qualitative approach is used, with a non-experimental design, of documentary type with a descriptive-propositive scope. The data collection technique used was documentary review. In fact, it is observed that, in the positive legislation of Paraguay, in the criminal procedural field, there are several legal norms related to the control and care with respect to the evidential materials, although there is no express regulation, the sense of protection in relation to the evidence elements, indications or evidential materials is inferred. However, after making a comparative analysis with the legislations, it is deduced that there is a need to have express norms that are part of the criminal procedural system of Paraguay, in compliance with the principle of legality, that contemplate in a clear and written form the procedure applicable to the chain of custody describing each of the moments, space or circumstances in which the procedural subjects are in contact with the evidence, evidence or elements of proof, according to a strict documentary record, which guarantees the authenticity and identity from beginning to end, avoiding substitutions or adulterations, which -eventually- could be decisive at the time of the jurisdictional or judicial decision in criminal cases, that is, knowing and being certain that it is kept intact, generates legal certainty to all criminal proceedings.