Establecer el procedimiento que debe seguir el juzgador para determinar, considerar y calificar a una persona como testigo hostil
This research work evidences that the Código Orgánico General de Procesos has established the new legal figure of "hostile witness". This figure points to the fact that a witness is reluctant to answer an interrogation or cross-examination, or uses tactics to avoid answering the questions;...
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2025
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| Témata: | |
| On-line přístup: | https://dspace.unl.edu.ec/jspui/handle/123456789/32368 |
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Přidat tag | Shrnutí: | This research work evidences that the Código Orgánico General de Procesos has established the new legal figure of "hostile witness". This figure points to the fact that a witness is reluctant to answer an interrogation or cross-examination, or uses tactics to avoid answering the questions; before this attitude, the witness can be qualified as a hostile witness by the Judge, which allows the lawyer to ask them tricky questions in order to clarify the matters of investigation. The need for the legislator to have established this new institution is due to the criterion that the construction of the procedural truth performed by the judge in the process submitted to him, cannot be impaired by the uncooperative or evasive actions of those who are called to testify. The Judge may have adequate knowledge of the controversial issues submitted to his analysis, so that the judge can make a fair decision. It is important to know that the procedure for the judge to declare the witness as hostile is not established in Ecuadorian regulations, therefore there is not a clear procedure for justice operators to have more legal certainty when applying the hostility of a witness. A thorough study of comparative legislation and a legal analysis are performed in order to establish what a hostile witness should be understood, what are the cases and their procedure in which this name is granted. To this end, this paper is based on extensive doctrine and comparative law, thanks to which a proposal to reform the article 177, paragraph 7, of the Código Orgánico General de Procesos is drawn up, so as to enable an adequate application of this legal institution and to avoid any violation of law. |
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