The chain of custody as a guarantee evidence in criminal matters

Abstract

This article examines the chain of custody as a fundamental guarantee for the validity, authenticity, and legality of evidence in Ecuadorian criminal proceedings. Through a descriptive qualitative approach and the study of real cases, shortcomings are identified in the practical application of the chain of custody that affect the integrity of evidentiary items and jeopardize due process and effective judicial protection. It is demonstrated that, although the Comprehensive Organic Penal Code and Resolution No. 073-FGE-2014 establish clear guidelines, the lack of regulatory updates and deficiencies in training and procedures create uncertainty in the assessment of evidence. Furthermore, the importance of the principle of identity (principle of immutability) is highlighted to preserve the identity and integrity of evidence from its collection to its presentation at trial. A comparative analysis with the regulations and jurisprudence of Colombia and Spain allows the conclusion that international experience reinforces the need in Ecuador to elevate the regulation of the chain of custody to the status of law. Finally, a rigorous and standardized application of this procedure is recommended to guarantee evidentiary efficacy, criminal justice, and the protection of fundamental rights in the Ecuadorian judicial system.