Exclusion of illegal evidence in the judicial decisions of the military police Peru Jurisdiction

Abstract

The objective of the research was to analyze the implications of the exclusion of illegal evidence in the judicial decisions of the Peruvian Military Police Jurisdiction, in the context of field analysis in Lima. The hybrid method of basic type of qualitative approach, with thematic analysis design. The population was represented by eight interviews with different experts in the field and the review of two files of the Military Police Jurisdiction (one from 2019 and another from 2020). The collection of information occurred through interviews, analysis of documentary sources and mapping; Likewise, the data collection instruments were of the interview guide, questionnaire and data triangulation type, which were adequately validated through expert judgment. It was concluded that the evidence must be admitted in the criminal process for its evaluation, due to the function that the evidence fulfills in the criminal process to establish justice through the truth, and that all the evidence, including the evidence unlawful, are duly guaranteed within the right to due process and effective judicial protection, established in article 139.3 of the Political Constitution of Peru.