Evaluation of the anticipated testimony as evidence against the principle of immediacy in the criminal accusatory system.

Abstract

The Ecuadorian criminal accusatory system implements the principle of immediacy, which allows the direct participation of the parties in the process. However, the valuation of advance testimony presents problems contrary to this principle; One is that testimony is given outside of trial, limiting the judge's interaction in receiving evidence. In sexual offences, the testimony of the victim can affect the principle of innocence by becoming decisive evidence for conviction. In addition, there is a lack of clear rules for advance testimony, leading to uncertainty and potential abuse. If the defence does not appear, a public defender is appointed without the capacity to contradict the accusation, affecting the right to defence. Finally, the court designated for the case is not present during the taking of anticipated testimony, which affects the fairness of the process by allowing another judge to evaluate the opposing party's questions. This weakens the Ecuadorian criminal accusatory system, affecting the quality of evidence, the protection of the right to defense and the transparency of the system. Under this scenario, this problem will be addressed through an analytical, doctrinal and normative study, resorting to a descriptive methodology.