La cadena de custodia en el debido proceso y su eficacia probatoria en el derecho penal

The present work of legal research is entitled "THE CHAIN ​​OF CUSTODY IN THE DUE PROCESS AND ITS PROBATORY EFFECTIVENESS IN CRIMINAL LAW", dogmatizing that the chain of custody, in a few simple words, is the form by means of which it is assured that the judicial decisions are based on the...

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Autore principale: Fonseca Muñoz, Nuria Elizabeth (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2013
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Accesso online:http://repositorio.uteq.edu.ec/handle/43000/2640
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Riassunto:The present work of legal research is entitled "THE CHAIN ​​OF CUSTODY IN THE DUE PROCESS AND ITS PROBATORY EFFECTIVENESS IN CRIMINAL LAW", dogmatizing that the chain of custody, in a few simple words, is the form by means of which it is assured that the judicial decisions are based on the truthful and duly collected evidence, being of utmost importance the existence of a systematization of norms and principles in the Chain of Custody Manual, as well as in the Ecuadorian Code of Criminal Procedure. Currently there is no section that deals specifically and in detail with the chain of custody procedure, but rather this important issue is scarcely mentioned in a manual of lesser order, which has the consequence that it is difficult to understand its true dimension in practice. As expected, this gap regarding the chain of custody, generates ignorance about what is the proper and correct procedure to handle evidence and / or evidence, which in turn has as a consequence that there are abuses and injuries against the procedural guarantees. The present investigation intends to "Propose a Reform to the Chain of Custody Manual", determining the appropriate procedure for the collection, packaging, labeling, transfer and storage of the evidence or evidence, with the sole and primary purpose of safeguarding the constitutional right to due process as well as to exercise legality on the evidence collected, guaranteeing legal effectiveness in the criminal process