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Abstract
the freedom of evidence determined in the new judicial system, the expert proof, in particular the medical-legal one, faces problems related to its legal basis and tenets that must be adhered to so that it has the quality of scientific proof. On the one hand, it is the prosecutor’s decision to look into the proof and, on the other, it is the Juez de Garantía (Juez de Garantía is a judge who must warrant that the rights of all those who are involved in the proceeding be protected), who will authorize its practice, provided that the conditions this new legislation stipulates are complied with, which in some cases turns out to be unclear as far as its determination in and compliance with the practice of specialists’ expert procedure is concerned. Likewise, other stipulations within this procedure are not consistent with tenets held so dear to the medical-legal science in the practice of its expert appraisal, where the strict compliance of the expert’s scientific autonomy, completion of the expert appraisal practice, and integration of the biological concept into the legal system cannot be noticed. In addition to attempting to dispel some doubts arising from this new legislation, it is also observed that there are discrepancies between the Legal Medical Service’s organizational law and liberating stipulations of evidence such proceeding makes.