Análisis de la cadena de custodio y la valoración de la prueba en materia procesal penal

Abstract

Abstract:The present thesis work, is above the shortcomings of the chain of custody and the probative value of the evidence in the trial stage. The Constitution of the Republic of Ecuador, mentions that in criminal proceedings, the evidence obtained or acted in violation of the Constitution or the law, will not have any validity and have no probatory effectiveness. This research is directly related to a latent in the Ecuadorian judicial system problem, since the study of the chain of custody and its impact on the assessment of evidence in criminal proceedings influence mainly in actions involving the correct application of Justice requiring the sequential and simultaneous use of a series of strategies and techniques that ensure the transparency and objectivity of each of their stages. Being necessary to propose legal reform, through a procedure of handling and evidence collection and treatment of the evidence, in regard to the organic comprehensive criminal code and its penalties by the inappropriate subjects proceed in the chain of custody and the assessment of the trial by the judge of criminal guarantees.