La aportación probatoria ilegal en Ecuador y su incidencia en la convicción del juzgador: análisis jurídico del fraude procesal.
Evidence in all criminal proceedings is one of the most fundamental and important tools, since it generates this knowledge towards the judge so that he knows the truth of the factual facts that are under discussion and thus issues a decision framed in the constitutional and criminal guarantee, in th...
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| Formato: | masterThesis |
| Idioma: | spa |
| Publicado: |
2023
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| Subjects: | |
| Acceso en liña: | https://dspace.ueb.edu.ec/handle/123456789/5432 |
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Engadir etiqueta | Summary: | Evidence in all criminal proceedings is one of the most fundamental and important tools, since it generates this knowledge towards the judge so that he knows the truth of the factual facts that are under discussion and thus issues a decision framed in the constitutional and criminal guarantee, in this sense the development of this research has as general objective to analyze the contribution of evidence in Ecuador and its impact on the conviction of the judge, in the same way a legal study of procedural fraud is carried out, because it is like that the procedural subjects based on probation present all the means of proof of which they believe assisted and in view of this, many times the legal provisions that refer to the way of obtaining any means of proof are omitted. The investigation was developed under a mixed approach, which allowed us to analyze and collect reliable data where the survey technique was applied and interviews with lawyers free to practice the profession of the Guaranda Canton, in order to know their criteria regarding the subject. of study, as a result of the investigation it is obtained that Ecuadorian legislation contemplates legal provisions both in the Constitution and other infraconstitutional laws where it is established that the judge has the obligation to exclude all evidence that has been obtained illegally. Keywords: Illegal evidence, Evidence assessment, Procedural fraud, Evidence exclusion |
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