Maria Estela Tomaylla Arostegui
DOI: 10.59427/rcli/2024/v24cs.1647-1656
The objective of this research was to investigate, from a theoretical, regulatory and jurisprudential perspective, digital evidence in Peru, its legal effects, validity and application in disciplinary administrative procedures in the years 2022 and 2023. The qualitative method of type was used. exploratory, with in-depth interview techniques applied to 10 lawyers who work in the Technical Secretary of the Permanent Commission of Disciplinary Administrative Processes and Technical Secretaries of Administrative Procedures of civil servants. It is concluded that digital evidence, although it is within the section of may be subject to the necessary means of proof of article 177 of the T.U.O of Law No. 27444; however, due to its high complexity and volatility, it requires a procedure incorporated into the aforementioned law, so that it can be applied in the disciplinary administrative procedure in its different phases: obtaining, incorporation and assessment; in order to respond to the deficiencies pointed out by the interviewees. Likewise, for it to be valid it must be corroborated with other peripheral evidence and only when there is a contradiction should expert evidence be carried out, by virtue of the right of contradiction. Consequently, the legal effect that such actions will generate is equality of arms to prove the facts they affirm.
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