La valoración de la prueba : finalidad, clases y objeto.

Abstract

The objective of this research work is to analyze the procedure for assessing the evidence within the criminal procedure, and to propose an objective assessment of it. For its understanding and development, the bibliographic search on due process, justice operators, evidence, the right to defense, the presumption of innocence and criminal guarantee is deepened. The methodology used presents a research with a quantitative approach and a descriptive and exploratory type. The data collection techniques applied are the survey and bibliographic search. The present investigative work was carried out in the Province of Guayas, in the Guayaquil region. The population under study comprises: five Judges of Criminal Guarantees; five Prosecutors; four Public Defenders; and 15 expert lawyers who have more experience in handling Criminal Law. All respondents were chosen intentionally, because they were within the reach of the researcher. Among the conclusions, it is highlighted that sound criticism is eliminated to propose a path of principles by which the evidentiary activity within a criminal process must be assessed, under the denomination of material, testimonial and documentary evidence, not being able to resort to other means than those authorized by law and strictly accepting the rules that govern its regulation and practice. The research also highlights that the violation of constitutional guarantees in the production and reception of evidence entails its illegitimacy and its effect is the legal ineffectiveness of the evidentiary means or procedural act. Finally, it concludes with the proposal of a reform to the COIP, focused on the procedure within the evaluation of the evidence.