La falta de regulación e impacto del testigo hostil en el derecho de defensa.

Abstract

This research examines the regulation of the hostile witness under the Código Orgánico General de Procesos (COGEP) and its impact on the right to defense within the Ecuadorian procedural system. Following the transition from a written to an oral model of justice, testimonial evidence has gained particular importance in establishing procedural truth. However, Article 177(7) of the COGEP introduces the figure of the hostile witness without providing clear criteria for its qualification, leaving its application largely to judicial discretion. This regulatory gap generates legal uncertainty and may undermine the principle of contradiction, especially by restricting the use of leading questions when a witness adopts evasive, contradictory, or adverse behavior. Through doctrinal and comparative legal analysis, this study proposes the incorporation of specific provisions regulating the declaration, judicial warning, and legal effects of hostile witnesses, aiming to strengthen evidentiary practice and ensure effective protection of due process and the right to defense.