El testimonio anticipado en los delitos de carácter sexual.

Abstract

The anticipated testimony is an evidence commonly used in sexual crimes, being generally preponderant for the judges at the time of sentencing since its purpose is to protect the victim from possible revictimization by either the defendant or the State. Since it is a means of evidence, it must be incorporated according to the principles that both the victim and the defendant have within a process, among these, the principle ofimmediacy, the principle of contradiction and the presumption of innocence. This thesis work is aimed at analyzing the use of anticipated testimony and whether it affects the aforementioned rights and principles of due process; For this reason, an investigation was made about what is the anticipated testimony, which is its intimate relationship with the sexual crimes typified in our COIP, and how it is received in Ecuador, followed by the study of the principles that must be respected in all criminalproceedings, ending with a brief analysis of a sentence, concluding that there is a highdegree of violation of principles with the use of anticipated testimony and a notorious overvaluation of it, by the judges.