Legal vacuum in the integral organic penal code with respect to the need for the defendant to appear for the taking of the anticipated testimony

Abstract

The present research topic is crucial due to the violations currently facing the criminal process in Ecuador, especially in relation to anticipated testimony. The Comprehensive Organic Criminal Code (COIP) does not regulate the appearance of the suspect in this procedure, which seriously affects his rights, including the principle of contradiction and the right to defense. This lack of regulation compromises the integrity of the process and the fundamental constitutional and legal guarantees. The study seeks to demonstrate this violation and propose a reform to the COIP to correct this deficiency. The objective of this study is to demonstrate the violation of due process in the context of anticipated testimony, due to the absence of the suspect’s appearance. It is intended to demonstrate how this situation affects the principle of contradiction, immediacy and the right to defense, through the analysis of legislation and jurisprudence. The ultimate goal is to propose reforms to the COIP that correct this deficiency and restore the integrity of the criminal process in Ecuador. A qualitative approach was used for this study, employing inductive-deductive, analytical-synthetic and dogmatic-legal methods. The inductive-deductive method made it possible to analyze the regulations and jurisprudence to identify patterns and deduce conclusions about the violation of the suspect’s rights. The analytical-synthetic method facilitated a detailed understanding of the current situation and the identification of potential solutions. Finally, the dogmatic-legal method was used to examine the legal regulations and their application in practice, identifying deficiencies requiring reform. There is a serious violation of the suspect’s rights in the Ecuadorian criminal process, specifically in relation to anticipated testimony. The suspect’s failure to appear for this procedure compromises the principle of contradiction, immediacy and the right to defense, both for the suspect and the victim. This situation demonstrates the urgent need to reform the COIP to ensure a fair and equitable criminal process. It is imperative to propose a reform to the Comprehensive Organic Criminal Code to address the lack of regulation on the appearance of the suspect in the anticipated testimony. This reform is crucial to restore the integrity of the criminal process in Ecuador and guarantee respect for the fundamental rights of all parties involved.