Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.DUDA RAZONABLE

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  • Miniatura
    Item type:Ítem,
    La valoración de la prueba testimonial de la victima y el principio in dubio pro reo en el delito de violación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Guilcazo Hurtado, Mayra Alejandra
    ;
    Ramiro Tite, Segundo
    The present research focuses on the analysis of the evaluation of the victim's testimonial evidence and the principle in dubio pro reo in the crime of rape. The issue is of special importance and topicality since being faced with a sexual crime that, due to its nature of being committed clandestinely without the presence of witnesses, there is a problem in placing the victim's testimony as a central element of the charge to enervate the presumption of innocence of the accused. The methodology used presents a type of documentary bibliographic research for the analysis of regulations, doctrine, jurisprudence and studies previously carried out, as well as field research for the collection of direct information from judicial practice; a qualitative approach was used by applying an inductive method when using the interview guide to obtain information that was aimed at judges, prosecutors and lawyers in free practice specialized in criminal matters. The work was developed under a line of research corresponding to Criminal Law and Criminal Procedure with a scientific novelty based on the "theory of cautions", structured by evaluation criteria to which the victim's sole testimony must be subjected. In this sense, it is established that such testimony must fully comply with the three criteria of credibility – absence of subjective incredibility, plausibility in the statement and persistence in the incrimination – in order to enervate the presumption of innocence, otherwise it is the obligation of the judge to apply the principle In dubio pro reo
  • Miniatura
    Item type:Ítem,
    Estándar de convicción de la duda razonable: análisis comparativo del acoso y abuso sexual
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Vásconez Pilco, Dario Josué
    ;
    León Trujillo, Edisson Santiago
    This research focuses on the application of the reasonable doubt standard of conviction in the Ecuadorian criminal justice system, with a specific focus on the crimes of sexual abuse and harassment. The importance of this study lies in the need to ensure the proper administration of justice, protecting the rights of defendants and victims through the correct application of the principles of presumption of innocence and in dubio pro reo. The main objective of the research is to identify and analyse how reasonable doubt is applied in the evaluation of evidence and judicial decision-making. To achieve this objective, a detailed analysis of the conceptual and doctrinal framework underpinning reasonable doubt was carried out, complemented by an examination of Ecuadorian criminal law. The methodology used in this study was qualitative, allowing for an in-depth exploration of the human phenomena associated with sexual offences. Research techniques such as interviewing legal experts, including judges, prosecutors and lawyers, were employed, allowing for a detailed and informed insight into the application of reasonable doubt in the judicial context. In addition, a dogmatic approach was used to analyse the criminal offences of sexual harassment and sexual abuse, considering both the objective and subjective criminality of these offences. The results of the research highlight that sexual harassment is characterised by acts of a sexual nature without physical contact, but derived from a situation of subordination of the victim. In contrast, sexual abuse involves physical contact without consent. These findings underline the need for a proper interpretation of criminal law to avoid impunity and ensure fair sanctions. Relevant findings indicate that the correct application of reasonable doubt is essential for the protection of the rights of the accused, and that justice administrators must be trained in areas relevant to criminal conduct in order to properly assess evidence. The research also highlights the importance of ongoing training in the justice system to inform judicial decisions with sound legal motivation and based on comprehensive and relevant evidentiary reasoning