“ANÁLISIS JURÍDICO Y DOCTRINARIO DE LA VALORACIÓN DE LA PRUEBA INDICIARIA POR PARTE DE LOS JUZGADORES EN EL DERECHO PENAL”
This research aims to conduct a legal and doctrinal analysis regarding the assessment of circumstantial evidence in conjunction with its objectives, aims to determine how legal certainty and the principle of legality of circumstantial evidence presupposes the existence of discretion in the administr...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2025
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| Subjects: | |
| Online Access: | https://dspace.unl.edu.ec/jspui/handle/123456789/32370 |
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Add Tag | Summary: | This research aims to conduct a legal and doctrinal analysis regarding the assessment of circumstantial evidence in conjunction with its objectives, aims to determine how legal certainty and the principle of legality of circumstantial evidence presupposes the existence of discretion in the administrators of justice, generating diversity of criteria when applying it. Highlighting the importance of standardizing or establishing parameters to value it within the regulations applicable to this matter, i.e., the COIP. The doctrinal study, the normative analysis and comparative law, has allowed to obtain relevant information on this type of evidence and its impact within a criminal process. The methodology used was based on an analytical approach, including empirical collection techniques such as surveys and interviews with both legal professionals and public officials specialized in the field. The results obtained highlighted that there is a need to be able to control the judges' appraisal activity with respect to circumstantial evidence so that, as far as possible, they can sentence people fairly and strengthen legal certainty as well as the principle of legality. There was a clear concern for lawyers, since it is they and their clients who experience the results of this assessment directly. In conclusion, the research highlights the importance of ensuring legal certainty and the principle of legality to achieve more unanimous and fair decisions, aiming to establish in the COIP the circumstantial evidence with its respective valuation requirements, which differ from those of direct evidence. Therefore, we have established guidelines and recommendations to improve its application and to avoid that the administration of justice is highly questionable by the parties. |
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