La prueba ilícita en el proceso penal ecuatoriano: efectos en la validez de las sentencias y mecanismos de exclusión

Abstract

Abstract: This study examines the impact of illegally acquired evidence in Ecuadorian criminal proceedings, paying particular attention to its impact on the validity of judicial decisions and the implementation of evidentiary exclusion mechanisms. The central objective of this research was to demonstrate that the incorporation of illicit evidence violates constitutional principles such as due process, legality, and equality of arms. To this end, a mixed methodology was employed, shifting from a qualitative, dogmatic legal approach to a quantitative analysis of the criminal proceedings against Geovanny David Piña. The results show that the lack of uniformity in judicial interpretation and deficiencies in the training of justice officials have allowed the validation of illicit evidence, compromising the legality of criminal decisions. It is concluded that it is urgent to normatively specify the criteria for evidentiary exclusion and strengthen procedural guarantees in a guaranteed criminal process.