The evaluation of evidence in criminal proceedings: A constitutional perspective

Abstract

The evaluation of evidence in criminal proceedings is an important element within the procedural and constitutional law, so it is imperative the need for the Ecuadorian State to harmonize its entire legal system, including the resolutions and judgments issued by the Judiciary. All these instruments must be in line with the State model in which Ecuador is developing, that is, a Constitutional model of Rights and Justice, where respect for constitutional rights prevails. Therefore, no protected legal right should be affected, and this is only possible by respecting the basic guarantees of due process, for which it is imperative to make a correct evidentiary assessment, according to the guiding principles of this activity. The general objective of this article is to critically review the evaluation of evidence in accordance with the principles that govern this activity, carried out by the administrators of justice in criminal proceedings. To achieve the investigative result, research methods such as bibliographic review, historical-logical, documentary analysis and inductive-deductive methods have been used, which have allowed to verify that the evaluation of evidence in criminal proceedings does not comply with the constitutional parameters that instruct the due process, which results in an arbitrary administration of justice