Thursday, April 28, 2011

When One Life Touches Another, Relationships Grow

Criminal Procedure. Criminal - P. Special. Measures to prevent police and insurance, occupation and custody of the objects provinieren crime or related to its implementation. Correction of the chain of custody. Drug trafficking. Cocaine. Notable importance. Civil

Supreme Court Judgement of March 10, 2011.

FOURTH: The second argument under art. 849.1 LEC. to have been misapplied art. CP 369.1.6. to have been a material error as to the calculation of the margin of error in the contested decision and that of the same weight of the substance used as in the calculation of its purity the amount does not exceed the limits under which the case is apply art. SC 369.1.6. (Sic).
The appellant is certainly confusing and sometimes unintelligible notes that "while all the time is taken into account when assessing a substance known as listed in Opinion and then subtracted discontinued subsequent opinion that the names of them are crossed with the colloquial name of the same, which is beginning to talk about a number of bags and then another, etc ... among all these doubts, errors and other evidently a representation is not without doubt that the substance seized and the case file kept in was the same as other post and valued opinions.
That also gathered all the bags and other non-individual being able to know what was the weight of the substance of questionable acts position themselves to rebut the presumption of innocence of the accused himself. (Sic) the complaint is unfounded and must be dismissed.
As the chain of custody to the problem of "we said in SSTS. 1190/2009 of 3.12 and 6 / 2010 of 27.1 - is to ensure that after sampling the traces related to the crime until they come to fruition as evidence at the time of trial, that on which lie the immediacy, advertising and contradiction the parties and the opinion of the judges is the same. It is through the correct chain of custody as it satisfies the guarantee of "sameness" of the test. It has been said by the doctrine that the chain of custody is a figure taken from the reality that pervades legal value to where appropriate, identify throughout the narcotic unit, for having to go through different places for the corresponding tests are verified, you must have full assurance of what moves, what is measured, which weighs and what analyzed is the same at all times, from the very moment it is collected from a crime scene until the final building is studied and destroyed.
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