The correct functionality of the chain of custody as a means of preserving the demonstrative capacity of material evidence and physical evidence

Abstract

The purpose of this paper is to analyze the effectiveness of the chain of custody as a means to preserve the demonstrative capacity of material evidence and physical evidence. The methodology had a qualitative approach under a legal-dogmatic and inductive model. The conclusions of the study show that the chain of custody is a requirement of legality, as it constitutes an essential element of due process that is not a simple method of investigation without incidence, and as a means of proof does not violate due process, it is important within the Collection, packaging and labeling process of the test subject elements apply the techniques in an appropriate way to the material evidence for analysis and begins once the fixing procedures have been completed and ends with the sending of the material evidence to the authorized laboratory or store of evidence and that the Attorney General's Office is obliged to apply a series of measures that are intended to preserve the identity or integrity of the material evidence or physical evidence to establish the truth of the facts and determine the responsibility of the accused.