THE INSTALLATION OF AN EXPERT WORKING TABLE AS A MANIFESTATION OF THE RIGHT TO DEFENSE AND ITS EPISTEMOLOGICAL BASIS

Abstract

The purpose of this investigation is to support 
the misinterpretation by some judges and 
prosecutors regarding Section 2 of Article 177 
of the Code of Criminal Procedure. They argue 
that, unless the law expressly states so, the 
establishment of a joint expert working group 
is not mandatory. This disregards any judicial 
interpretation and turns the decision-making 
body into a mere literal enforcer of the law. This 
also contradicts, without any basis, previously 
issued judicial and doctrinal reasoning on the 
same subject. It has been pointed out that the 
establishment of a joint expert working group 
is regulated in our legal system; therefore, the 
expert witness is empowered to collaborate 
or work directly with the institutional expert. 
Thus, it is concluded that this is the correct 
way to apply Section 2 of Article 177 of the 
Code of Criminal Procedure, in accordance 
with a theological interpretation, taking into 
account the right to defense and the right to 
control the evidentiary process as fundamental 
components of the right to effective procedural 
protection granted to every citizen under 
investigation in a criminal proceeding. This 
allows for improving the preparation of official 
expert reports based on the epistemology of 
evidence, which seeks to make expert analysis 
as reliable as possible and reduce the risks 
inherent in any judicial system: erroneous 
sentences.