In this article, we will look at the following topics: What is chain of custody, who is responsible and what happens when evidence changes? It is a system for recording circumstantial evidence, evidence, objects, instruments or proceeds of crime, which may be used as evidence and finally as evidence in criminal proceedings under article 227 of the National Code of Criminal Procedure and article 25 Fraction XX of the General Law on Public Security. The chain of custody must be a very important issue in the oral prosecution system, and the substantive elements of the evidence and the physical evidence must be confirmed, undoubtedly the expert evidence and the scientific evidence have acquired significant relevance in the follow-up. In doing so, the guidelines to be followed by all officials for the proper preservation, treatment and protection of the place of the fact or discovery, indications, traces or traces of the offence and the instruments, objects or proceeds of the offence should be implemented. Thus, the article states that « the chain of custody shall be applied taking into account the following factors: identity, condition of origin, conditions of collection, preservation, packaging and transfer; the comings and goings and the dates and changes made to each police custody; The names and identities of all persons who have come into contact with these elements are also recorded. According to Article 228 of the CNPP, the application of the chain of custody is the responsibility of any authority or auxiliary which, in accordance with the law, is in contact with the evidence, remains, evidence, objects, instruments or proceeds of the offence. In the registration and follow-up process, the chain of custody begins with the complaint and at the time of the investigation, and those who intervene in addition are the prosecutor`s office, the police and the experts (in fact, this is how the investigation trilogy is composed) and it must be coordinated very clearly in order to be able to work as a team and carry out the investigation for the other phases of the process. Once the request has been received and the interdisciplinary group that will be active in the investigation of the crime has been formed, it will immediately go to the scene of the facts and / or discovery to avoid the loss of clues or evidence. According to article 227 of the National Code of Criminal Procedure (CNPP), the chain of custody and registration is the system or procedure of control and registration that applies to all indications, evidence, objects or instrumentalities (or proceeds of crime) as provided, located or discovered at the scene of the crime or discovery. until the competent authority orders the termination of the procedure. We recommend: At the request of the Chain of Custody in Ciudad Juárez, Chihuahua, the story of Hector Hawley to the Office of the Special Prosecutor for the Care of Women Victims of Gender-Based Crimes.
In any case, protection is developed within the chain of custody because it is important that all measures taken on the evidence are correctly and carefully recorded so that the being is not lost by its manipulation, expecting and striving to obtain the evidence as it was found instead of the facts, And so there is no doubt about its accuracy. Otherwise, if the official intentionally alters the information or evidence, he or she will be accused of being liable for the offence against the administration of justice described in article 225, section XXXI, of the Federal Criminal Code and the provisions of the Federal Act on Administrative Tasks of Civil Servants. Dear reader, I address you a warm greeting from afar. That is, for example, if an authority finds evidence or is provided by someone else, this evidence must be extracted, processed, transported, used and stored according to the established procedure and according to strict protocols that guarantee its integrity and validity. For this reason, every officer (whether a prosecutor, a police officer or an expert) must at all times have the necessary care regarding the proper nature of the proceedings and the protection of the chain of custody in accordance with the provisions of Article 228 of the NCPC, because any « contamination » of evidence at the crime scene significantly alters the final outcome of a criminal case and thus convicts or acquits the wrong person. There is no doubt that each authority has the task of avoiding changes, however minor they may be; That is, you should not touch or change the location of objects or the position of the corpse, if applicable. Also avoid the passage of all strangers and relatives, media and curious people. When processing information or evidence, the following must be observed: search, fixing, identification, lifting, packing, handing over and handing over to the prosecutor. In open areas, two seat belts must be worn to prevent the entry of people. The first depends on the same security conditions, which deprive in view of the topographical and security characteristics. This belt guarantees the safety of the work team of members of public security institutions requested by the prosecutor.
The second belt depends on the type of discovery in which the bodies, remains and objects are located. And in closed places, it is recommended to close all access roads (entrances or exits) and avoid the passage of people. If they are closed, they will remain closed; If they are open, they are protected while the experts intervene. Under Article 228 of the CNPP, when one of the elements is amended, it loses its probative value only if the competent authority verifies that it has been amended in such a way that it has lost its effectiveness in proving the fact or circumstance in question. The place of the event and / or discovery contains complete information that determines how the events took place, the number of the investigation file, the competent administrative unit, the registration number (folio or call), the place and identification of the place with sketch, information about victims and detainees, witnesses or other persons collected at the site and / or discovery, Full name of the position and signature of the officials who intervened in the preservation of the place, so it is necessary to follow the protocols of the chain of custody of indications or evidence in the different expert specialties for the receipt of delivery in the field of expert services.