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ORDERS FOR CLARIFICATION OF WITNESSES’ STATEMENTS MADE BY CRIMINAL JUDGES AT TRIAL HEARINGS, AN ANALYSIS FROM THE STANDARD OF PROOF

Abstract:

This article deals with one of the most debated issues and problems in recent years in Ecuadorian legal society. Judges ask clarifying questions in the trial hearing that introduce new facts to those already introduced by the witnesses, affecting procedural principles that are constituted as guarantees of the intervening parties. The rule establishes that judges may only exceptionally make clarifications to witnesses, and that at the time of doing so they may only deal with information already introduced. The judge may never do so on facts that have not been introduced. For the development of the article a qualitative methodology was followed, based on systematic bibliographic research of primary and secondary sources in scientific articles, Ecuadorian and international legal regulations. The article analyzes the foundations of the Organic Integral Penal Code in Ecuador.