La reserva judicial de las técnicas especiales de investigación y el desarrollo a la defensa en Ecuador.

The general study, the judicial reservation of special investigative techniques and the right to defense in Ecuador, aimed to analyze the judicial reservation against due process, in guaranteeing the right to the defense. For which the elements of the judicial reserve were identified in the special investigative techniques, determining the scope of the same and the effect they have at the pre-procedural stage. The approach was qualitative, the type of research descriptive, documentary and with the use of the critical analytical method. Two semi-structured interviews were conducted with five semi- closed questions each, to 15 participants: prosecutors, lawyers in free exercise, and criminal guarantee judges in the Canton Ibarra, Ecuador. The results led to the conclusion that the judicial reservation of special investigative techniques infringes the right to due process, in the guarantee of the defence, since no one can be deprived of this right, at any stage or degree of the procedure. Appropriate time and means of defending yourself must be ensured; be heard at the right time and on an equal footing. The study allowed to propose the reform of article 490 of the Comprehensive Criminal Organic Code, so that the investigated man has a time of thirty days to contradict the findings of the Public Prosecutor's Office and exercise material and technical defense.

• Main Author: Mira, Alexander A. (author)
• Other Authors: Placencia, Jairo R. (author)
• Format: masterThesis
• Language: spa
• Published: 2021
• Subjects: Derecho; Constitución; Administración de justicia; Ecuador; Derecho constitucional
• Online Access: http://repositorio.uotavalo.edu.ec/handle/52000/544