Los principios de valoración y exclusión de la prueba ilícita en El Código Orgánico Integral Penal.

Abstract

The subject investigated has a contribution from the dogmatic to the practical aimed at all those involved in the criminal process, in its applicability on the evaluation principles from the evidence and its exclusion, by establishing that it does not exist in the Integral Organic Criminal Code, specifically when the judge must establish the exclusion of the illegal evidence, that is why the study of the conception’s generality from the evidence begins until it is fixed in the criminal field, whereby, the criteria for the exclusion of the evidence. To establish these criteria, it was proposed as a general objective an epistemological assessment from the evidence, especially the constant exclusion on the article 454 numeral 6 COIP, clearly defining what is an unlawful evidence and an illegal one, linked to the purpose of the evidence on the evaluative and preparatory stage of the trial. This research, for its development, it was based on the usage of scientific research methods, analytical deductive method, synthetic theoretical, which allowed defining which are the principles that the judge must apply and that allow him to analyze which evidence should be excluded to protect the right due process in its defense guarantees in relation to the means of evidence obtained in violation of the Magna Carta and the law, lacks evidential efficacy.