Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

Browse

Filters

20241

Settings

Author: search.filters.author.Chiliquinga Perez, Johana MaricelaSubject: search.filters.subject.SISTEMA JUDICIAL

Search Results

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    La ampliación de la versión para tercero y el principio de igualdad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Chiliquinga Perez, Johana Maricela; Naranjo Malán, Milton Elder
    The research addresses the issue of the disparity in the right to request the extension of testimony within the Ecuadorian criminal process. Currently, this right is primarily restricted to the Prosecutor's Office, leaving third parties at a disadvantage, which violates the principle of equal opportunities and due process. The methodology used in this research is qualitative, based on a documentary and bibliographic approach. An exhaustive review of Ecuadorian legislation, particularly the Organic Comprehensive Criminal Code (COIP), was conducted, along with an analysis of relevant jurisprudence and legal doctrines addressing the principles of procedural equality, legal security, and the right to defense. A jurisprudential matrix was employed to systematize and compare key judicial decisions on the extension of testimony and the principle of equality. The results of the research reveal that the current COIP regulation, specifically Article 508, paragraph 3, creates a procedural imbalance by exclusively granting the Prosecutor's Office the right to request the extension of testimony, denying this possibility to third parties. This imbalance contravenes both the Ecuadorian Constitution and international human rights standards that promote equal opportunities and a fair trial. In conclusion, the research highlights the urgent need to reform the COIP to ensure that all actors in a criminal process, including third parties, have the same right to request the extension of testimony. This would not only strengthen the principle of equal opportunities but also improve equity and justice in the Ecuadorian criminal procedural system. Additionally, it recommends the implementation of training and supervision mechanisms to ensure the correct application of this principle in judicial practice, thereby promoting greater confidence in the administration of justice.