Indirect evidence in the investigation of the crime of organized crime

Abstract

The fight against organized crime occurs with the treatment of circumstantial evidence, also known as indirect, circumstantial or conjectural evidence, the police and the prosecution are called to gather it and argue it at the stage of preliminary proceedings and preparatory investigation, it is difficult to face such scourge with direct evidence as occurs in common crime, therein lies the importance of the treatment of circumstantial evidence, in this context the investigation aimed to analyze the effects that circumstantial evidence has in the investigation of the crime of organized crime, Investigations Division of High Complexity, executed under a type of basic research, qualitative approach, hermeneutic phenomenological design and inductive method, under a sample of 8 specialists, using the interview guide instruments and documentary analysis sheet, arriving at the result that there is a weak treatment of the elements of the circumstantial evidence, non-existent criminal investigation doctrine linked to circumstantial evidence, the non-treatment of the evidence of the crime: evidence of the potential crime (linkage of the alleged perpetrator, capacity to commit a crime, motive and opportunity to commit a crime) and indications of the crime in action (preparatory acts: background; concomitant: product of the facts and subsequent: after the fact), these are effects and findings found regarding the non-treatment of the circumstantial evidence by the investigative police, as such, there is an impact on the truth of the facts, therefore, criminal investigation not in accordance with the standards of the newest Peruvian criminal process.