Análisis dogmático de la suspensión condicional de la pena como alternativa a la prisión en personas sentenciadas sin antecedentes penales.

Abstract

Abstract: This research analyzes the probative value of "meta-expert analysis" (*metapericia*) as a guarantee of due process in the evaluation of medical and psychological expert evidence regarding crimes against sexual and reproductive integrity within the Ecuadorian criminal justice system during the 2022 2024 period. Particular attention is paid to sexual abuse and rape offenses where medical and psychological reports can provide relevant technical elements regarding physical findings, emotional impact, and methodological consistency. However, it is noted that, in certain cases, official expert reports may be accorded excessive weight without sufficient scrutiny of their methodology, objectivity, and scientific basis. The study develops the concept of meta-expert analysis as a mechanism of technical-scientific oversight designed to verify the validity and reliability of other expert reports. It also examines the relationship of this practice with constitutional principles such as the right to a defense, the adversarial principle (right to challenge evidence), the presumption of innocence, and the requirement for reasoned judicial decisions. Finally, the research concludes that meta-expert analysis strengthens legal certainty and due process by enabling a more rational assessment of scientific evidence. As a legal proposal, it suggests adding a ninth point to Article 511 of the Comprehensive Organic Criminal Code following the general rules governing expert testimony to formally recognize meta-expert analysis, define its technical scope, and establish standards for its reasoned evaluation in accordance with the principles of sound judgment (*sana crítica*) and the adversarial process.