The evaluation of the testimonial evidence: interrogation, counter-examination

Abstract

This scientific article is carried out applying a qualitative research approach, with methods such as inductive and bibliographic review. Studying legal categories such as the witness, from their abilities and skills as a person and their leading role in the process, the types of witnesses that exist, false testimony or perjury, and some advice on how the testimony should be, explaining the difference that exist between the right to silence in criminal and civil matters. In this way, the central part of the article is addressed with definitions of interrogation and cross-examination, types of questions that can be asked, as well as those that cannot be asked, to end with the methods of evaluating the evidence. Concentrating on whether there may be an inclination or manipulation of the testimony by the judge favoring any of the parties.