La prueba ilícita y su exclusión del proceso penal en delitos sexuales en la Unidad Judicial de Quitumbe, año 2025

Abstract

Abstract: This research aims to address issues regarding the application of the exclusionary rule for illicit evidence in criminal proceedings for sexual offenses handled by the Quitumbe Judicial Unit in southern Quito during 2025. The study's general objective is to analyze how the exclusion of illicit evidence is applied in these proceedings to determine its conformity with constitutional principles of due process and the right to an effective legal defense. Methodologically, the work employs a qualitative approach with a descriptive scope, grounded in a doctrinal analysis of legal norms, Constitutional Court of Ecuador case law, and contemporary criminal legal theory; this is complemented by the interpretation and analysis of selected cases from judicial practice within the jurisdiction in question. Research findings reveal a technical imbalance in the processing and handling of evidence, showing that trial-level judges frequently defer the debate regarding the admissibility of evidence until the trial stage itself. This procedural omission allows for the inclusion of expert and testimonial evidence obtained through flawed methods, thereby causing direct and irreversible harm to the presumption of innocence. Ultimately, the study concludes that the improper admission of illicit evidence in sexual offense cases fails to guarantee effective judicial protection; instead, it fosters impunity due to subsequent declarations of nullity and results in the re-victimization of the injured party. Based on these findings, the study proposes legal guidelines aimed at unifying criteria for the early exclusion of evidence and strengthening protocols regarding the chain of custody and the collection of biological evidence by the State Attorney General's Office.