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Article 461
 

461.1. The disputed facts are evidence. The law, well-known or impossible facts, and facts that have been recognized will not be accepted evidence. Both the Technical Unit of Electoral Disputes of the Executive Secretariat and the General Council may invoke the well-known facts although they have not been presented by the respondent or by the complainant. In any case, once the respondent has appeared in person in the investigation procedure, the contradictory principle of evidence will be respected in the presentation of the proof, whenever this does not result in the possibility of delaying the process, or in the risk that the evidentiary material is hidden or destroyed.


461.2. The evidence should be provided in the first document presented by the parties in the procedure, expressing with clarity the fact or facts that the evidence aim to accredit, as well as the reasons why they consider that they prove the assertions made.


461.3. Only the following evidence will be accepted:


a) Public documentary evidence;


b) Private documentary evidence;


c) Technical evidence;


d) Testimony of accounting experts;


e) Legal and human presumptive evidence, and


f) Tangible evidence of the acts of authorities.


461.4. Confessions and testimonies may be admitted when they are presented in statements drawn up before a public notary who has received them directly from the persons making the statements and provided that these persons are properly identified and express the reason for their statements.


461.5. The authority which try the procedure may order the examination of acknowledgements or judicial inspections, as well as of the testimony of experts, when the challenged violation warrants it, the deadlines allow it and they are deemed crucial for the clari f cation of the denounced facts.


461.6. The complainant and the respondent may provide supervening evidence before the closure of the proceedings.


461.7. Once supervening evidence have been admitted, the complainant or the respondent, as appropriate, will be informed so that in a period of five days this person indicates what is in his best interest.


461.8. The Technical Unit of Electoral Disputes of the Executive Secretariat or the General Council may admit evidence that, having been offered in the document in which they were brought before the procedure and having been requested from the corresponding authorities, have not been provided before the approval of the draft resolutions but are provided at least twenty-four hours before the start of the respective session. The General Council will warn the authorities in the event that they do not meet, in due time and form, the requirement of the evidence.


461.9. Also, the General Council may admit evidence which, having been requested by the bodies of the Institute within the corresponding investigation, have not been received until twenty-four hours before the respective session. In these cases, the General Council will order the return of the file to the Technical Unit of Electoral Disputes of the Executive Secretariat for the purposes of paragraph 1 of article 468 of this Law.


461.10. The bodies that try the procedure may use coercive proceedings to enforce their decisions.