La cadena de custodia en el sistema penal Ecuatoriano

Abstract

The Chain of Custody is considered a fundamental element in criminal proceedings, since it depends on the validity that the judge comes to give the evidence presented to him at the time of the trial, as we know, all those samples , Evidence, that has been collected at the place of the facts, will acquire the value of evidence, only when they have been obtained legally, that is, subject to what is established in the Constitution and the law, As long as they are not adulterated during the course of the chain of custody, and it is therefore important that all those officials, agencies, who are in charge of the chain of custody, must be fully qualified to perform their duties in a manner Responsible, knowing that it depends on them that the evidence, can arrive before the judge without any alteration and therefore is a valid proof to demonstrate the existence A of criminal responsibility processed. Thus, it is of paramount importance that the various stages that form the chain of custody are carried out with full compliance with what is regulated by the law, so that, at the time of the presentation of the evidence, the opposing party can not plead Nullity of the same because they were not in the same state they were when they were collected at the scene. The Judicial Police, the Prosecutor's Office and all those responsible for the chain of custody must carry out their duties without any negligence, so that they are not involved in responsibilities that may be administrative, civil and even criminal.