Incomparecencia del perito a la audiencia en los procedimientos de violencia intrafamiliar frente a la garantía del debido proceso

The criminal procedural system in Ecuadorian legislation lacks certain procedural guarantees within the expedited procedural hearing for violations of violence against women or members of the family nucleus. Such is the case of the failure to observe several elements that help sustain a judicial process effectively, such as the constitutional guarantees of due process, which require the judicial officer to act impartially. For its part, the Organic Comprehensive Criminal Code decrees a type of special procedure for the contraventions of domestic violence, however, article 643 numeral 15 of the same code does not impose an obligation on the expert to attend the hearing to support his expert report, thus violating certain guarantees and procedural rights such as the principle of immediacy and contradiction. The current investigation has been developed with the application of theoretical research methods and with a qualitative approach, with the objective of contributing with arguments that allow identifying the problem in our criminal procedure system. And so, the realization of this work, allows me to develop as a suggestion, the proposal made in the recommendations section.

• Hlavní autor: Flores, Diego F. (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2019
• Témata: Usuario cultural; Violencia; Familia; Derecho penal
• On-line přístup: http://repositorio.uotavalo.edu.ec/handle/52000/173