El Fraude Procesal y los Peritos Forenses

Procedural fraud is an unlawful act that involves deceiving the judicial authority to obtain an undue benefit in civil, criminal, or administrative proceedings. This crime can be committed by any person, including experts (peritos), who are technical assistants to the administration of justice called upon to issue specialized reports. The offense is established when the judge is misled through the concealment or manipulation of evidence, with the intention of influencing a judicial decision. The Comprehensive Organic Criminal Code stipulates that for procedural fraud to exist, elements such as intentional conduct, typicity, unlawfulness, and culpability must be present; it punishes with imprisonment those who commit these actions or collaborate with the perpetrators. Expert reports must meet minimum requirements, including identification of the expert, methodology used, detailed analysis, and clear conclusions supported by technical and scientific evidence. These reports are fundamental for the proper evaluation by the judge and must be prepared with objectivity, independence, and truthfulness. In cases where an expert is investigated for procedural fraud, they must act promptly, demonstrate that they acted in good faith, complied with legal and technical requirements in their reports; provide exculpatory evidence, maintain consistency in their version, and request the participation of the judge as a passive subject of the crime to clarify whether deception actually occurred. Specialized technical defense is key to refuting responsibility and ensuring respect for the presumption of innocence; these basic inputs are what we will explore in the present analysis.