Conflicto entre los principios de inocencia y de no re-victimización.

Abstract

The present investigative work refers to the conflict that can arise between the innocence principle and no re-victimization, specifically in sexual crimes, when the victims give advance testimony and because of re-victimization issues can’t be called to testify before a Court again. While it is true, the judge of criminal guarantees may ask questions to the victim through the professional who is interviewing in the Gesell chamber; however, throughout the process new clues can emerge, which the Court doesn’t know and therefore they needs the victim to appear before them to clarify doubts that may become essential in the case. That is why in the course of this work it will be analyzed topics like victimization, the principle of innocence, advance testimony, Gesell's chamber and finally, it is going to be made a general analysis of the allegations of sexual crimes committed in the city of Loja during the year 2017. Due to the confidentiality of the cases it was impossible to access one in particular. These data were provided by the Prosecutor's Office of Loja.