La falta de un procedimiento expreso y normas claras para la recepción del testimonio anticipado de terceros, vulnera los principios de contradicción e inmediación y el derecho del sospechoso a la defensa en el proceso penal
This research work is entitled "Lack of an Express Procedure for Receiving Advance Testimony from Third Parties: Violation of Criminal Proceedings Prin ciples." In this study, the focus is on the absence of a clear procedure and set of rules for obtaining advance testimony from third parti...
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| Formato: | masterThesis |
| Idioma: | spa |
| Publicado em: |
2023
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| Assuntos: | |
| Acesso em linha: | https://dspace.unl.edu.ec/jspui/handle/123456789/27769 |
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Adicionar Tag | Resumo: | This research work is entitled "Lack of an Express Procedure for Receiving Advance Testimony from Third Parties: Violation of Criminal Proceedings Prin ciples." In this study, the focus is on the absence of a clear procedure and set of rules for obtaining advance testimony from third parties, which renders a violation of the principles of contradiction, immediacy, and the suspect's right to defense in cri minal proceedings. The research provides insights, analysis, personal comments, basic concepts, and legal guarantees that are part of the regulatory framework governing the development of anticipated testimony from third parties. Moreover, it explores the distinctions made and recognition of the victim's role in a crime. The objective of this study is to determine whether the lack of an express procedure for obtaining anticipated testimony from third parties has resulted in a violation of the principles of contradiction, immediacy, the suspect's right to defense, and its constituent elements. Additionally, a normative and doctrinal analysis has been conducted to examine the circumstances and principles justifying the admission of advance testimony in general , its relationship with the principles of concentration and immediacy, and its impact on the right to defense. Furthermore, this study investigates whether the prohibition of victimization, which is associated with anticipated testimony, can be extended to witnesses, experts in the matter, or any other person indirectly related to the legal process. The inclusion of these individuals is seen as a means to ensure compliance with the principles of contradiction, immediacy, the right to defense, and procedural equality in Ecuadorian justice. |
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