El testimonio anticipado como medio de prueba en los procesos penales.

Abstract

In this investigation, it is presented as a problem related to the development of the evidentiary means within the criminal process at the level of specificity, clarity and the need to determine mandatory parameters and self-determination of what type of criminal proceedings according to the type of crimes, early testimony can be practiced. Therefore, it requires better regulation within the text of the COIP, in such a way that the integrity and contribution of victims and witnesses of certain crimes can be more adequately protected in order to achieve a greater approximation to the element of historical truth. . Consequently, the general objective of this research is based on reforming the COIP in such a way that there are better established and developed parameters, conditions and procedures to practice early testimony within the Ecuadorian legal system. In such a way, that an investigation has been carried out that within its methodology has applied the qualitative modality where a significant contribution of doctrinal criteria, legal norms of comparative law, as well as case studies and consultation with experts is presented. , being these last two techniques true instruments that manage to demonstrate the reality of the problem, but at the same time offer arguments to solve the problem. The corresponding results allow us to verify that the proposal is feasible and that duly regulated early testimony would contribute very effectively to access to historical truth, while respecting due process.