La declaración de parte y su relación con el derecho al silencio dentro del sistema procesal ecuatoriano con la vigencia del COGEP

Abstract

Abstract: In 2015, when the General Organic Code of Processes came into force, the legal figure "Declaration of party" was introduced in the Ecuadorian legal system, in several of its articles. This type of evidence is an option that has been established in the procedural system, through which a statement is made under oath to people who have clear knowledge about a specific topic, so that the party that has requested said declaration, can verify and corroborate the facts indicated in his request. This statement can be made at a trial hearing. This figure has been related to the right to silence recognized in the Ecuadorian constitutional norm, the same one that refers to the fact that the person can avail himself of silence when called to testify. Therefore, with the interviews and surveys carried out with legal professionals, it is inferred that a large percentage indicates that the declaration of a party is not mandatory and the right to silence would be violated if the deponent is required to give his testimony. Keywords: right to silence, party statement, COGEP.