La teoría de los frutos del árbol envenenado como prueba ilícita y su exclusión en el proceso penal ecuatoriano

Abstract

The Ecuadorian criminal process is structured in three stages and a preliminary or preliminary investigation phase that is activated only in cases of non-flagrant crimes. The three stages are protected by the supreme rules of due process of the Constitution of the Republic of Ecuador, which are also developed in the integral Comprehensive Criminal Code. Part of these basic guarantees of due process reverts the legality of the evidence that must be observed both in obtaining it and in its evaluation, on pain of incurring in probatory illegality. The present work, structured under the test methodology, corresponds to the practical part of the degree modality by complex examination of the Law Degree of the Technical University of Machala prior to obtaining the degree of Lawyer, it has as purpose, to give legal answer and doctrinal to the problematic one that represents in matter probatory penal the theory of "the fruits of the poisoned tree". Based on a documentary investigation, with the help of the exegetical, analytical, systematic methods, this work that has the qualitative character, suggests as conclusion, in the present hypothetical case, the exclusion of the evidence product of the illicit obtaining of the evidence via nullity .