Limitaciones normativas en la exclusión de la prueba ilícita en el COIP

Abstract

This research addresses a legal issue that directly impacts the guarantee of due process: the regulatory limitations that persist in the Comprehensive Organic Criminal Code (COIP) regarding the exclusion of illicit evidence, even after the reform introduced by the urgent economic law. Although provisions aimed at strengthening the protection of fundamental rights have been incorporated—such as the inadmissibility of evidence obtained through violation of rights, the requirement to substantiate the chain of custody, and the ex officio nullity for serious violations—there are still gaps and ambiguities that hinder their effective application. The question guiding this research is: How do the regulatory limitations of the COIP hinder the effective application of the principle of exclusion of illicit evidence in Ecuadorian criminal proceedings? The sources of the legal problem lie in the text of the COIP itself and its recent reform, as well as in national jurisprudence, international precedents, and comparisons with foreign legislation that has more precisely developed the regulation of illicit evidence and its derivatives. The reform proposal proposes incorporating a specific chapter on exclusion of evidence into the COIP (Code of Criminal Procedure) that establishes clear stages, uniform criteria, and defined legal effects, complemented by mandatory training for justice officials, in order to guarantee the effective protection of rights.