Prohibición de auto incriminación y derecho al silencio y su incorporación en el Código Orgánico General de Procesos

Abstract

Abstract: The guarantee of non-self-incrimination and the right to silence has historically been conceived for the protection of the accused in criminal proceedings. However, with the development normative of procedural legislation in non-criminal matters in Ecuador and its important changes introduced with the General Organic Code of Processes, for example, orality or practice of testimonial evidence, it is necessary to analyze whether those guarantees could be applied in non-criminal processes. This is because, in the General Organic Code of Processes, certain rules are established for the practice of testimonial evidence such as the objection of self-incriminating questions or the possibility of refraining from testifying for reasons of self incrimination, since these possibilities have not been established in other legislations international regulations that regulate procedural systems in non-criminal matters and that traditionally They have been used as a reference in the Ecuadorian regulatory development.