Necesidad de reformar al Código de Procedimiento Civil, para que permita someter a la prueba del polígrafo, a los testigos en el sistema procesal civil ecuatoriano

In our country of investigations, and, to the comments made by the public and users of the administration of justice, could be found and general information on the evidence in civil proceedings in Ecuador, of which follows that of between the types of evidence found the test, which is based on the statements of persons who attend to give their statements to the fact that we investigate, these witnesses concur almost always at the request of the parties involved in the process, this may be in the civil, labor, criminal, traffic, etc.. The parties request the receipt of the statements of witnesses in order to prove their claims, or the effect of distorting the facts under investigation. The Code of Civil Procedure states that are the judges and the judges and courts to appreciate the probative value of the statements of witnesses, according to the rules of sound criticism given the reason that they have given their statements and circumstances concurred in them, then from the legal content, born some subjective facts that make it impractical practice of oral evidence, having no royal where the judge can base your criteria, as when speaking of the sound judgment, leaving open the possibility to act on other events, including the political, economic, social rank would give law and deflect sound criticism towards this field. The witness has been a traditional way of presenting evidence, this same Code of Civil Procedure, referred to in the provisions that cannot be witnessed by lack of knowledge, lack of integrity, and, for lack of impartiality, this reality although there rules that mention a feature that prevents witness to individuals who are pigeonholed in each of these groups, it is still a large percentage highly subjective provisions that may at one time be violated by the litigants, and, for those involved in this type of test. This kind of test, which as I mentioned has its base in version or statements of persons, each time has been losing accuracy, credibility and objectivity, aspects that do parallel to the detriment of the proper administration of justice, law terms like impugn, trash, reject the testimony, legal terms that have not been sufficient to achieve eyewitness processes as clear and transparent, these aspects have been violated with ease, although there even a perjury prosecution , for those who lie knowingly and induce the authority to make decisions on the basis of forged versions. This panorama testimony related to the test has made users currents exist legal, judicial and collegiate bodies, that the testimony should disappear and incorporate reforms to by implementing technical tools that serve to contrast the testimony, to prevent evasions, inventive and trainings of the litigants, witnesses. The technical and scientific instruments are sophisticated devices that allow judicial officers, and get the real answers questioned and transparent Regarding the polygraph, either scientific apparatus used to record a person's bodily responses when the questions. The polygraph, popularly known as the lie detector, has been used in the United States during criminal investigations, or security tasks or related to recruitment. Since no machine can unambiguously detect when a person lies, polygraph results are used in conjunction with other tests and other data or observations. For example, it is possible that emotional stress reflected by this test does not come from lying. On the other hand, a person may be a pathological liar and body show no alteration to give false answers. Other factors affecting the accuracy of the test are nervousness, physical or mental problems of the subject, discomfort, prior interrogation, excessive or indifference to a question. However, the polygraph can provide a basis for assessing whether the individual's responses are sincere. A polygraph consists of several instruments combined in a way that simultaneously y record changes in blood pressure, pulse and respiration. May also measured the electrical conductivity of the surface of the skin, since the increase in the activity of the sweat glands reduces the carrying capacity of the skin. Among the devices that are placed! subject, who sits, are called HEAD TUBE anemograph around the chest, cuff to measure blood pressure and electrodes attached to the fingers and the hand surface. Physiological changes that occur are transmitted through a small panel with some readers synchronized placed on graph paper. The graphs obtained in this way are compared and interpreted to try to determine whether the subject is lying. You need to work on terms and appropriate procedure when making a polygraph test. The room used to be simple, quiet, comfortable and discreet. Sometimes employed two sided mirrors and microphones as legal precautions. The examiner also plays an important role. Must be objective and have a strong background in scientific interrogations to reduce the margin of error. The polygraph results are not admissible as legal evidence in the courts of many countries, except in cases where there is an agreement to that effect between the two parties. The use of these devices in personnel selection work has also recently been limited in some countries. The main objections against polygraphs are based on its use is unconstitutional, it is an invasion of privacy and that from the scientific point of view, is too imprecise to be used as evidence. In some countries prohibit the use of polygraphs to consider a violation of individual liberty

• 主要作者: Ayala Ramírez, Rosa Balbina (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2015
• 主題: CÓDIGO DE PROCEDIMIENTO CIVIL; PRUEBA DEL POLÍGRAFO; MEDIOS DE PRUEBA; PRUEBA DOCUMENTAL
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/8438