Credibilidad del testimonio anticipado como medio de prueba en delitos sexuales

The present work of curricular integration "CREDIBILITY OF THE ANTICIPATED TESTIMONY AS A MEANS OF PROOF IN SEX CRIMES", is based on the anticipated testimony as a means of proof commonly used in crimes of sexual nature, because it allows to capture a proof that widely favors the victim and that is also considered preponderant to convict; This evidence in its evacuation violates the principle of contradiction, the right to defense and therefore the due process established in the Constitution of the Republic of Ecuador; that is why it is essential that the Ecuadorian criminal law specifies rules under which an anticipated evidence must be practiced. In this sense, the diligence of the anticipated testimony must maintain relation with the due process, where the judge guarantees a just cause to the defendant; since, the anticipated testimony gives a point of great favorability to the victim, not only for the fact already mentioned, but because it violates the due process and the principle of contradiction of the defendant; this because the principle of not re-victimization of the victim must be respected; and that when this arises only with the presence of the lawyers and the mediator put by the prosecution. It is also worth mentioning that many of these alleged victims may give a distorted truth, either by hiding a truth or a third person, manipulation of the defendant or his family (debts) and even personality problems (attention deficit) thus giving way to malicious denunciations. With the present work of curricular integration, it is sought to determine if the evidence of the anticipated testimony of the victims within the sexual offenses successfully violates the rights of the defendant, therefore a thorough and detailed investigation was carried out about the rights of both parties, both victim and defendant,with a focus on human rights, criminal law, constitutional rights, national and international regulations. Likewise, an analysis of cases related to the anticipated testimony as a means of evidence in sexual crimes and the valuation, importance and relevance given by judges to pass sentence is made. With the present investigation it can be deduced that although the anticipated testimony as a means of proof in sexual crimes is very immersed in the criminal matter to make known to the judges and with it to give a sentence, it cannot be overlooked that the same essence of the people makes that it is created in a narrative in which many of the times third parties are involved. Therefore, the anticipated testimony must always berelated and strictly respected to ensure the existence of contradiction and defense.

• Main Author: Tarira Ortega, Melany Thais (author)
• Format: bachelorThesis
• Language: spa
• Published: 2023
• Subjects: DERECHO; DELITOS SEXUALES; CREDIBILIDAD; VICTIMA
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/28156