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Probatory law in Ecuador: judicial proof in the criminal procedure

Abstract:

The following updates focussed on recent advances with respect to the probation as long as it concerns the legitimacy and legality of the test by generating in this stage a theoretical approach about a new theory of reasoned equivalence. The general educational objective at a critical-transferential educational level, aimed at resignifying the purpose of the evidence in the criminal process, the means and probative sources. The study was presented beyond the probative activity, in the review of the evidence per se. The document then examined the correct manner of how to promote and evacuate them so that the jurisdictional body can assess them. The data collection techniques responded to the participant observation and the Delphi technique, having gathered the opinion of collaborated criminals in relation to the problem through the exercise of the profession, even without the need to meet physically. The construction of the instrument as a product of the techniques established fell on the inclusion of the most prone variables with their respective indicators and sub-indicators establishing relationships, since with their assistance it was possible to have access to the information to solve the problem envisaged or to have verified the budding hypothesis. The results gave the judicial praxis a marked formative value, by establishing relationships between the contents of the evidence and the development of oral litigation techniques aimed at the promotion and evacuation of evidence to be able to contribute to a certain criminal process the necessary evidence so that the Judge can reach the knowledge and conviction of the procedural truth of the facts.