La cadena de custodia en la legislación ecuatoriana su eficacia en la investigación pena

Abstract

The principles of investigation, are closely linked to the activity of the judge, who in his search for truth through the evidence, it is not linked to the statements of the participants, or certain attitudes of the accused, and the applications filed, it is clear that the presentation of evidence for the parties, who, especially the prosecution, has empowered you to search perform most evidential activity towards obtaining certainty the judge. The chain of custody is the mechanism that guarantees the authenticity of the evidence collected and examined, that is, tests correspond to the case under investigation, without leading to confusion, adulteration, or any subtraction. Therefore, all staff involved in the process chain of custody, must ensure the security, integrity and preservation of those elements. The chain of custody is to determine without error the tripartite relationship: victim - site Event - perpetrator, for the courts to assess the evidence can be certain that they were taken from the site of the victim or the perpetrator, and nexus that follows them. The tripartite relationship: victim-offender-site event, for the courts to assess the evidence to be certain that they were taken from the site where the facts to be produced.