Use of notarial acts as evidence in criminal proceedings

Abstract

In our environment, people who consider their dignity, honor or reputation offended by statements or statements from third parties, understand that the crimes of defamation, slander and insult have been committed against them. In this situation, it is common to request the services of a notary public, in order to summon the alleged aggressor to ratify or rectify the statements that have offended him. The notaries, in compliance with the assignment, appear before the indicated person, to carry out the corresponding notarial summons, and obtain an affirmative or negative statement, or it may be the case that they do not receive any statement before the visit. With this investigation it is intended to analyze if this work of the notary public, of summons to obtain a declaration, violates or not Art. 18 of the National Constitution of Paraguay, since this instrument is later used as evidence by the lawyers, to file complaints and thus obtain penalties for the defendants. Article 18 of the National Constitution of Paraguay establishes: No one can be forced to testify against himself, against his spouse or against the person with whom he is united in fact, or against his relatives within the fourth degree of consanguinity or second degree of affinity. inclusive. The illicit acts or the dishonor of the accused do not affect their relatives or acquaintances. To reach a conclusion in this investigation, the design used was the comparative of doctrines and the analysis of current legislation.