BREAKING THE CHAIN OF CUSTODY AND THE POSSIBLE REFLEXES ON A CRIMINAL SENTENCE

Abstract

This article describes the Chain of Custody as extremely relevant to the legal sphere, with the aim of ensuring the quality and correct handling of evidence so that during criminal prosecution compliance with due legal process is maintained. The theme proposed in the work aims to discuss and highlight the value that due compliance with the chain of custody has for the implementation of justice. To this end, a qualitative descriptive-explanatory study was carried out, using bibliographic review as the main tool. In basic terms, the Chain of Custody consists of the set of documents that chronologically presents all the evidentiary materials related to a given fact. This set of “evidence” can serve as a basis for justifying the judge's reasoning as an instrument that legitimizes the state's jus puniendi. Once there is a breach of this careful method of producing evidence, its credibility is compromised, which can be decisive for someone's freedom. Thus, through the observation of the expert procedure, allows fluidity in the criminal process to guarantee the veracity of the facts, since, with evidence obtained in a judicious and complete manner, it guarantees a fair trial and coherent to the accused.