Maestría en Derecho Penal y Procesal Penal

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    Análisis de la valoración de la prueba y el principiode seguridad jurídica en actos de violencia psicológica
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) Núñez Pérez, Danilo Fernando; Vallas Castro, Guillermo Santiago
    The assessment of the evidence and the security principle are important bastions within Ecuadorian legal processes. The credibility in criminal trials, allow to support the human rights of the accused, supported by legal certainty and in compliance with established laws. The objective of the investigation is to analyze whether the assessment of the evidence affects the principle of legal certainty in the context of criminal trials related to acts of psychological violence, to safeguard the human and legal rights of the accused in the cases. The research is descriptive, field and exploratory qualitative, framed towards the pragmatic. It should be noted that psychological violence is already recognized as a crime in the field of law. The psychological and physical effects are necessary to know them, to understand the seriousness of their consequences towards the victims. The results of the investigation lead us to the recognition of the importance and relevance of the evaluative tests; since they serve as support for the decisions of the judges to the accused. With regard to legal certainty, it is clear that it is the backbone of the Ecuadorian legal system, and it is necessary that it be recognized in the criminal areas of the country and, especially, in cases of psychological violence. It is necessary to strengthen the internal legal processes, in order to give a clear and secure vision to the criminal legal system in general. As a conclusion, from the moment of facing cases of acts of psychological violence, knowing the internal legal procedures in Ecuadorian regulations, allows to give relevance to both the assessment tests and legal certainty. In short, it is shown that the assessment tests are so relevant; which serve both to prove a fact and to reverse it. The legal mechanism that judges use to make procedural decisions is technically based on legal certainty and the ethics of legal professionals.