The rationalist conception of evidentiary assessment is the most suitable in our justice system

Abstract

The assessment of evidence as part of procedural constitutional law has current relevance in our criminal justice system. The proposed problem is why the rationalist conception is the most appropriate to assess the evidence in the current Peruvian Criminal Procedure Code. The objective is to demonstrate that the rationalist conception is the most appropriate to evaluate the evidence. The method adopted is analytical with bibliographic and documentary review, mainly texts of laws, constitutional normative acts and jurisprudence of the Peruvian Constitutional Court, Supreme Court and IACHR. The conclusion is that in our criminal justice system, the rationalist conception allows us to evaluate the evidence considering that every defendant has “the right to use the evidence at his disposal to demonstrate the truth of the facts that support his claim, to have his evidence carried out. in the process, a rational assessment of the evidence and the motivation of judicial decisions on evidentiary matters, which in turn allows for internal and external control, as seen in our internal and external jurisprudence.