Impacto de la cadena de custodia en la validez de los procesos penales, y necesidad de sanción para los responsables de su violación

The chain of custody, is a procedure established by law, intended to maintain the strength or quality of proof of evidence, and plays an important role in the new criminal procedure, since the elements of the crime and the physical evidence is in they could prove the existence of a crime, linking the suspect with the victim or the crime scene, set the people associated with the crime, to corroborate the testimony of a victim, set the operation mode of the aggressor and cases relate to each other or exonerate the innocent, however the absence of a strict management of this procedure to affect legal rights are guaranteed in the Constitution, as are the "guarantees of due process", especially those referring to the evidence obtained or acted in violation of the Constitution or the law will be deemed invalid and of no evidentiary value, guaranteed to be protected by the state. For these reasons was indispensable research this socio-legal, which provides a detailed analysis of this process called chain of custody, and their impact on the validity of the criminal cases in the judicial district of Quito you, from the conceptual, doctrinal, and legal, plus has a valuable empirical evidence, obtained from the implementation of surveys and interviews, along with a fairly large case study in relation to the matter of the problem. The work was developed with input and support of comparative law, of great importance and significance for the realization of this thesis, both in terms of literature review and the analysis of the results of field research techniques. Part of this research work, a complete breakdown of the different materials, methods, procedures and techniques used to obtain valid knowledge and sustainable. This legal research has been able to establish the objective truth that comes from the problems related to the chain of custody and thus offer a proposal for amendments to the Organic Criminal Code, with respect to their definition, to establish penalties for those responsible for its violation.

• 1. Verfasser: Tene Marín, Allison Andrea (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2018
• Schlagworte: DERECHO; CADENA DE CUSTODIA; DEBIDO PROCESO; PRUEBAS DEL DELITO
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/20957