Estrategias de Litigación Oral en el Sistema Procesal Penal Ecuatoriano

This research includes and analyzes oral litigation strategies in the Ecuadorian criminal procedural system, especially during testimonial evidence in the city of Ibarra, province of Imbabura. Thus, the criminal justice system, characterized by oral proceedings, requires litigating lawyers to master litigation techniques so that they can have an effective technical defense in hearings. Through a bibliographic review and interviews with judges, deficiencies in the use of litigation techniques by lawyers in the Ibarra forum were identified. With a qualitative approach and descriptive depth, the hermeneutic method was applied in the study of legal and regulatory texts, as well as observation techniques and structured interviews to obtain primary data. It was observed that oral litigation techniques are important for the accusatory system and that lawyers present significant flaws, particularly when evacuating testimonial evidence, interrogations and cross-examinations that affect the quality of judicial proceedings, and this limits the clarification of the facts, taking into account that in many cases the right to defense is violated. Problems were identified such as the lack of knowledge of the regulations by lawyers, the poor formulation of questions and the lack of technical preparation to object to inappropriate questions, with the interviewed judges agreeing in stating that current strategies are insufficient to effectively contribute to procedural truth. For the reasons stated above, it is appropriate for lawyers to receive continuous and practical training in oral litigation techniques, including trial simulations and handling of objections, encouraging self-study and regulatory updating to strengthen professional skills and promote a more efficient and equitable administration of justice.

• 第一著者: Chiza Rosero, Jorge Matteo (author)
• その他の著者: Sarabia Valle, Natalia Nicole (author)
• フォーマット: bachelorThesis
• 出版事項: 2025
• 主題: litigación oral; proceso penal; estrategias de litigación; prueba testimonial
• オンライン･アクセス: https://repositorio.puce.edu.ec/handle/123456789/45611