Necesidad de regular la funcionalidad del testigo hostil en el codigo organico general de procesos(COGEP)

Abstract

Abstract: The present study addresses The need to regulate the functionality of the hostile witness in the general organic code of processes (COGEP), regarding the lack of clear and precise regulations, which generates uncertainty about how it should be declared, under what conditions it should be interrogated. and to what extent you can control your attitude. The main objective is to clarify and contextualize the role of the hostile witness in the civil procedure, analyzing its impact on the development of the trial, the search for the truth and the administration of justice. This research was carried out in the La Joya de los Sachas Canton, Province of Orellana, the sample was carried out on lawyers in free practice, qualitative and bibliographic methodology was used, which includes a survey of 10 questions to 30 lawyers to get some definitions and direct experiences on the topic. The results obtained show that the system still suffers from regulations on the figure of the hostile witness, with this it is determined that the study of this figure must apply a reform to art. 177 numeral 7.