Chain of custody in the administration of justice and the deficiency of lack of a single procedure in Peru 2025

Abstract

The objective was to establish the importance of establishing a custody procedure in Peru, for an adequate administration of justice,
since it is currently only regulated for criminal proceedings; this work presents its methodology: Qualitative, phenomenological study of a
basic type with descriptive-interpretative design, based on semi-structured interviews with 7 judges of the legal and military field and an
instructor of the PNP inspectorate. documentary analysis of national and international regulations. The data were processed using
methodological triangulation to ensure validity and Atlas Ti. The results obtained: The need to implement a single chain of custody procedure
applicable to all judicial and/or administrative processes, in the common jurisdiction as well as in the military jurisdiction. The
recommendations propose to make a legislative proposal, based on the current regulations, the inter-institutional action protocol and the plenary
agreement. Conclusion: The chain of custody procedure is applied in judicial and administrative proceedings, both in criminal and military
jurisdictions, to guarantee the evaluation of material evidence. Its contribution lies in the fact that it will guarantee the decision of the judges
and investigators, when evaluating the evidence in the process, respecting the principle of legality.