El delito de corrupción y su prueba en el proceso penal

Abstract

The question to be asked: It is undeniable that as a nation we are experiencing one of the many complex political processes in our history, but this one (unlike the previous ones) has not only the politicians but also the judges, lawyers and journalists as protagonist. In a context in which we all have the factual possibility of building preliminary documentary evidence, whose ability to prove the fact of corruption can be decisive, the question we must ask ourselves as lawyers is: is there a vice to obtain this proof? Is it permissible to consider the investigation of the truth over the right to privacy? The present work is an introduction that invites to reflect on the priorization of interests that the State performs in each jurisdictional decision and the –serious– problems that entails the lack of legislation on evidentiary matters.