Propuesta de diseño de un modelo de informe pericial desde un enfoque normativo fundamentado en parámetros internacionales. Cuenca-Ecuador, en el año 2023

Abstract

The expert report was born as evidence in the procedural system and becomes important in the accusatory system, which has basic guidelines in the Regulation of the Integral Expert System of the Judicial Function, however, in the same general regulations it is specified that in the framework of a judicial process an international expert can be incorporated as an expert in the absence of local and national experts. Therefore, the objective of this study is to design an expert report model from the normative approach, based on international parameters, in Cuenca-Ecuador, period 2023, from the assessment of various international regulations that regulate the expert system and that serve as support for the realization of expert reports, establish similarities and differences of the structural elements of expert reports, contrast Ecuadorian regulations with respect to international standards and identify the perceptions of judicial assistants regarding the constituent elements of the IP. The approach was qualitative, exploratory scope, phenomenological and nonexperimental design type. We worked with 12 local, national and international experts. The techniques used were the documentary review and the in-depth interview, carried out with the experts, to obtain information on what should be the constituent elements that an expert report should contain. The results obtained pointed to the analysis of the normative records and expert reports, to the contribution of the constituent elements of the expert reports, as well as the perceptions, possibilities, limitations and needs in terms of reality.