La cadena de custodia y su insuficiencia en cuanto al cuidado y protección, en el proceso penal

"The lack of care and the custodians' protection for part and personnal in charge of the custody chain have allowed in the penal procedural practice the deterioration or alteration of the material indications that are erroneously manipulated in the fiscal investigation; what has harmed in the taking of decision of the District attorney to emit their verdict, or of the Judge of Guarantees to dictate a resolution, likewise, the Tribunal of Penal Guarantees to dictate sentence doesn't have the artificial certainty; this owes you for lack of penal procedural norms that authorize and force to the competent authorities thoroughly to guarantee the protection of the custody chain, for what becomes necessary to carry out a meticulous analysis of the procedural norm with the purpose of incorporating reformations that guarantee the suitability of the custody chain." When puts on in knowledge of the District attorney a supposed crime their obligation it is to see if that action or omission is or non typical in some penal law, either in the Penal Code, Law of Traffic, Law of Substances Narcotics and Psicotropics, Law of Intellectual Property, Law to repress the Laundry of Active, etc., once it is considered that the act is typicaly in some law and that the denounced person is attributable, the District attorney should begin the penal process, with the fiscal instruction or you/he/she can opt to begin a previous inquiry, when not emitting her verdict in the intermediate stage alone that should examine that that crime is tipicaly in the law, but rather he/she should see if they have been completed or not with the requirements characteristic of the crime, this is if it is an action or of an omission, if it is typical, if it is antijuridic and if it is guilty. It can happen that the District attorney considers that there is the theory of the crime, on the other hand the Judge of Penal Guarantees will dictate or not call car in opinion or the stay car will be sent. In this sense the Judicial Police has the list of investigating under the direction of the Office; the Judicial Police will have a wide range of responsibilities that you/they go from the gathering of evidences and useful informations to the oral presentation of testimonies in the moment of the trial.

• Egile nagusia: Quezada Sarmiento, Glenda Paola (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2014
• Gaiak: DERECHO
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/15682