El valor probatorio de la reconstrucción del hecho en el proceso penal en Ecuador

Abstract

The general objective of this research work was to determine the probative value of the investigation actuation of the reconstruction of the fact, analyzing whether or not it can be constituted as a means of proof in the Ecuadorian criminal process, according to the Código Orgánico Integral Penal. The research was developed from a qualitative approach, to analyze, describe and interpret the reconstruction of the fact in the context of the Ecuadorian criminal process; using an analysissynthesis method that initially separated the qualities that make up the criminal proof, the actuations and special investigation techniques, and the reconstruction of the fact, to analyze them separately and then recompose and integrate them for a better understanding. An integrative literary review of the relevant regulations was carried out and the dogmatic method was used as the doctrinal review was useful. The method of external comparative law was also used when reviewing foreign criminal regulations. The result of this investigation determined that the actuation of investigation of reconstruction of the fact is not considered by the Código Orgánico Integral Penal as a means of proof, so it has no probative value in the Ecuadorian criminal process. Exceptionally, the reconstruction of the fact could constitute an expertise and become a means of proof that has probative value, this, however, is very occasionally relevant, in consideration of the purpose of criminal proof provided for by Ecuadorian regulations, the types of crimes, and each criminal fact in particular.