Examining the use of official evidence in Peru

The video discusses the casación 1242-2017-LIMA ESTE, which contains 12 rules related to the exercise of the proof by the judge in Peru.

The first rule states that the judge has the power to act as proof in exceptional cases but it is not an obligation.

The second rule emphasizes the importance of accurately identifying and analyzing the disputed points or facts in the case.

📜 The judge, in the exercise of their duties, should consider the exceptional nature of the oficio evidence and not replace the parties in the burden of proof.

🔄 The contradictory of the oficio evidence can be either prior or deferred, with the judge either seeking input from the parties before deciding or notifying them of their decision and allowing them a chance to respond.

🔍 It is important to note that the oficio evidence should only be employed once and not confused with subsequent proceedings.

🔑 The contradiction process can be done in writing or orally depending on the judge's promotion.

📝 In cases of first instance, the judge can perform rectification proof after the completion of admitted evidence, or exceptionally before the respective sentence.

💼 When preparatory evidence is not admitted, the judge must evaluate its relevance for accepting it as rectification proof, except in cases of appeal or if the evidence is formally declared inadmissible or untimely.

⚖️ Criticism arises regarding the sixth rule that allows the judge to dismiss evidence if the party fails to respond to the demand or present accompanying evidence in a timely manner, potentially violating principles such as congruence, priority of deadlines, and impartiality.

The video discusses the questionable nature of the sixth rule regarding the presentation of evidence.

The seventh rule allows the judge to incorporate additional evidence if it is relevant to the case.

The eighth rule clarifies the process of preventive action by the superior court.

The video discusses the casación 1242-2017-LIMA ESTE case in Peru, focusing on the exercise of evidentiary discretion.

It explains the various types of evidence and actions that can be taken, such as inspections, expert testimonies, and document analysis.

The video emphasizes that the Peruvian civil procedure code prioritizes establishing the truth rather than seeking the truth.

💡 Different legal systems have varying approaches to the use of evidence, but in Peru, the judge is not obligated to gather evidence on their own.

🔍 In cases involving vulnerable individuals, such as those based on age, gender, disability, or poverty, the judge can order additional evidence to ensure their rights are protected.

⚖️ The judge's role is to maintain a level playing field during the legal process, ensuring equality between the parties involved.

📜 The video discusses the contradictory nature of the rules regarding the use of official evidence in court proceedings.

⚖️ The impact of these rules has been limited, as judges are choosing not to utilize official evidence.

🔍 The video concludes by highlighting the impossibility of applying these rules universally, as each legal process has its own distinct purpose and criteria.