Regresar

La víctima de violencia sexual durante la fase de obtención de la prueba en el proceso penal ecuatoriano.

Abstract:

Procedural Law seeks through its application and the use of its methods to materialize the substantive rule. It is, therefore, that procedural law can bring the reality of criminal types, effective judicial protection, which covers both violated rights and those of procedural guarantees whose purpose is to achieve the truth, protect fundamental rights, and build the procedural truth within an equitable relationship between victim and perpetrator, also fed by the perspective of gender violence, and the consideration that emerges from the doctrine of integral protection. The Comprehensive Organic Criminal Code, in Art. 439, is substantially important because the role of the victim is recognized as a procedural subject and also as principles inherent to their protection and the restoration of their rights are incorporated, which for practical purposes implies a set of special rights and guarantees throughout the procedure, in addition to the possibility of actively participating in it. For its part, in Art. 441 of the same legal body, the different types of victim are delimited in detail, and in turn the effects derived from it, whether direct or indirect as a consequence of the offense, as well as includes the physical, psychological, sexual assault. So this is an investigation that seeks to study the role of the victim when suffering a sexual assault, and on the other hand, the procedures and behavior carried out by the organizations that carry out the investigation, both scientific police, controlled by the Attorney General's Office. State.