El efecto probatorio del informe de causa basal en la determinación de la responsabilidad por daños materiales en accidentes de tránsito: análisis de la práctica judicial en una causa real en el cantón Cuenca.

Abstract

Abstract: This research examines the evidentiary value of the "root cause" report in establishing liability for property damage offenses. It breaks down legal criteria derived from doctrine, legal theory, and statutory law, as well as judicial practice in Azuay Province and the Cuenca Canton. The study addresses concepts ranging from the general to the specific such as the efficient cause, the required level of technical and scientific sufficiency, the need for oral substantiation, and the comprehensive assessment of the body of evidence. It also analyzes the elements of the offense (typicity and materiality) established during initial forensic procedures and examines adherence to the chain of custody as mandated by Article 380 of the Comprehensive Organic Penal Code. Furthermore, to ground the research in practical experience, the study presents a real-world case that evolved alongside the research itself; the resulting rulings are analyzed against principles drawn from legal literature and the law. Finally, the study proposes a "sufficiency standard" to provide the party responsible for initiating public criminal action the holder of the right to prosecute with a tool to optimize judicial resources. This standard aims to ensure a comprehensive view of forensic elements beyond mere conclusions, thereby alleviating the judicial caseload by filtering out cases that, based on technical forensic analysis, should not proceed to the formal criminal trial stage.