Declaratoria del testigo hostil en el Código Orgánico General de Procesos

Abstract

Abstract: This study investigates the concept of the hostile witness within Ecuador's Organic General Code of Processes (COGEP), focusing on its normative deficiencies that affect its application and may infringe constitutional rights. Through a qualitative and comparative analysis with the legislations of Colombia, Peru, and Uruguay, the research identifies areas of ambiguity in Ecuadorian regulation and proposes detailed reforms to improve its regulation. The study highlights how the lack of clarity in the current norms can lead to inconsistent application of the hostile witness concept, affecting fairness and justice in judicial processes. It suggests measures to precisely define the hostile witness concept, establish clear procedures, and protect the rights of litigants, with the goal of strengthening justice and legal certainty in the country. This research provides a solid foundation for future reforms in the COGEP, promoting a fairer and more efficient justice system.