Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic to be discussed today will be, following the procedural line of last week about evidence offered in labor trials, which are known as private and public documentary evidence, you will say and what are those? Well, as in any trial process, the parties involved offer the proofs, evidence or proofs that they consider to prove their claims, whether it is the employee's dismissal or the payment of extra-legal benefits, or wage difference and the employer to prove his defenses such as the non-existence of the dismissal, the actual salary, faults, abandonment acts and, in short, whatever the parties to the conflict consider in such proofs, however, the documentary evidence has a difference and a different legal weight among them; Private documents are those private documents created, or that have a close relationship with the organization of the individuals, documents that are made by them, for the purpose of their own internal processes.
Of the public documents, such documents are issued and/or created by governmental entities or organizations, or with the character of public for the purposes of its own regulation and they are for example, reports given by the social security bodies (Imss Infonavit and/or afores), link of the tax administration system, for the effects of receipts (CFDI), or tax receipts, as well as the information that is sent by means of official letters rendered to the judicial authorities in this case H. Labor, Local or Federal Courts, as the case may be, and are proofs that being official, since they are issued by public instances, have a greater weight or full relevance for the legal effect that is intended to be obtained, contrary to private documents, since they are issued or elaborated by individuals, they have the characteristics of being able to be subject to refute and object the authenticity and origin of the same, This is also given to offer means (legally called of improvement), such as the comparison with the original if it is exhibited in simple photocopy, or to offer an expert evidence which is aimed to discredit the existence of the document as to the signature or data contained therein, and this is also valued by the authority through a Judge, as the case may be, but in a lesser percentage of a full proof.
From the above mentioned friends does not mean that the private documentary evidence does not have relevance, it is logical that if it is not subject to any objection or evidence of improvement commented, it has relevance as long as the same is directed or accredited in its totality what is sought with them, for such reason we must take into account that the documentary evidence must be offered to defend or accredit, what the party that has offered it seeks, or intends to make it known that it will be studied and estimated with the mentioned characteristics.
So much for this week's comments, we'll see you next week...
