Los principios del anuncio y la práctica de pruebas en el procedimiento para el juzgamiento de las contravenciones penales.

Abstract

In the present work of titulación, we face the case of concrete study of RICARDO SERRANO MACIASthe same one that was prosecuted criminally by a penal infraction of fourth class, in which we considered initially that the principles of application and practice of the proof, which establishes the obligation of the judge to exclude evidence that has been obtained in violation of the rights established in the constitution. The essential characteristic of the process of prosecution of contraventions established in the Organic Comprehensive Criminal Code, is that the procedural subjects are only the accuser and the accused, with the accuser being the victim of the infraction that he alleges has been committed against him, that is, that there is no figure of the Prosecutor, but that there is a direct relationship between the victim and his aggressor, better possibilities of conciliation, agility in the development of the process, etc. Our main objective of investigation was to determine if in the trial process, there existed evidence that should have been excluded because it was obtained illegitimately, seeking to identify if the judge used for the purpose of substantiating his decision, evidentiary elements vitiated by illegality. The prosecution used as evidence basically two testimonies and two expertises, the first one constituted a diligence of recognition of the place of the facts, that was in charge of an expert civil engineer accredited in the judiciary and the second in charge of a police expert judicial that was directed to the revision of a video recording. What was tried to prove was that the defendant had gone to the Land Registry of the canton El Guabo and had uttered expressions in discrediting and dishonor of the Registrar. To develop the necessary content to meet our objectives, we work on a study of criminal law, but making a critical analysis of its provisions through the doctrinal position of several authors especially on the most important issues such as evidence, principles of the proof, the legitimate proof and the fruits of the poisoned tree, which allowed us to conclude that, in the case of the study, the Judge made an error by not excluding evidentiary elements from the process when it was identified that these had been obtained in violation of the law. right to the defense of the defendant, and much more serious was the error of having used these elements to support his decision to condemn him. The importance of the principles for obtaining and practicing the evidence is decisive for the existence of the constitutional state of rights and justice, because it establishes the rule of a functional, efficient and efficient justice system, from which impartial and legitimate resolutions emanate, through the arrival of the Judge to the conviction on a matter that has been brought to his knowledge. The principle of probation is a great advance in procedural matters and in legal guarantee, since it allows the parties to argue before the trial about the legality of the evidence, its obtaining and its relevance, therefore, to In turn, it allows the judge to avoid the development of a trial hearing covered with evidentiary elements that will not serve to determine a decision, but on the contrary, hinder their reflection.