La prueba penal de los estados mentales desde la “neurotecnología”:¿ya es una realidad?

Resum

The emergence of technologies based on brain data opens up new possibilities to prove facts relevant to the criminal justice function, which were previously beyond empirical corroboration. One of these "neurotechnologies" is "brain reading", which has the capacity to provide information about mental states. In this paper, I critically analyse this new technique with the aim of providing new elements to fuel the debate that must precede its eventual admission. Specifically, I reflect on whether (i) the description of this technique that is formulated corresponds to the representation that legal operators have of it - essential to avoid exaggerations about it - and (ii) whether this type of evidence can really provide legally relevant data. As a consequence, I conclude that there are conceptual, structural and methodological pitfalls that hinder its introduction in the criminal judicial process.