Vulneración al principio de inmediación en la práctica de la prueba testimonial en audiencias telemáticas en procesos no penales.

Abstract

As a result of the sanitary crisis caused by COVID-19, it was stablished that the hearings would take place virtually to prevent their suspension of the administration of justice in Ecuador, subsequently, in 2023, with the enactment of the Organic Law on Digital Transformation to reform the article 4 of the Organic Code of General Procedures was amended to provide those hearings be held remotely. However, to date, there has been no regulatory adjustment to procedural legislation to ensure that the taking of evidence can be carried out through remote means without primarily infringing the principle of immediacy or other legal provisions that could jeopardize the purposes of the proceedings and the proper administration of justice. For this reason, it is essential that the process be adapted to the reality of remote gearings so that the evidentiary process may be conducted effectively, taking into account the differences compared to in-person hearings.