The Judicial Disciplinary Commission decided that the WhatsApp screenshotswill be considered as Documentary evidence in judicial proceedings.
The decision was taken by the court after analyzing the case of a citizen who lodged a complaint against a lawyer who contacted her to advance a process of appropriation of mortgage rights and who, through a contract for the provision of servicessigned the procedure to the defendant.
Said contract, which he had date of November 14, 2014was signed for a value of 142,000,000 pesosbut 39’000,000 they would be intended for the payment of taxes, administration and other expenses that the citizen had to bear for the banking process.
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After the award, he was awaiting the delivery of the property, which was irregularly busytherefore it was necessary to proceed with the clearance, a process that had been set for 5 September 2019. However, the diligence was not carried out due to the owner’s absence, but the lawyer informed the owner that the diligence was rescheduled due to no ‘No one was on the property at the time of the eviction.
This was why the WhatsApp screenshots were necessary, since the citizen argued her complaint by saying that, in the conversation, the lawyer gave a different reason, therefore, in this case, the imprint of this discussion was taken as documentary evidence.
This caused the disciplinary court to distance itself from what it was stipulated by the Constitutional Court in a 2020 rulingconsidering that digital media images can be altered by editing, but, according to the Judicial Disciplinary Commission, despite the technology, it would not be logical to doubt each of the documents.
Ultimately, one might think that advances in science and technology have facilitated the adulteration of all evidence, not just data messages, but it would be impossible to doubt the authenticity of any of them“, says the ruling.
Furthermore, they indicated that if there is any doubt about the authenticity of the conversations, the photos or copies of WhatsApp should be verified together with the other evidence of the trial.
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“Prints or reproductions on paper of data messages it must be compared and analyzed with the other tests in the plenary and, if necessary, by virtue of the principle of preliminary investigation or in the face of the opposition of an intervener regarding its authenticity, order the practice of those who are necessary to corroborate the veracity of its content, for example, through an expert opinion. “, concludes the Commission.
