Aplicación de la prueba indiciaria en el proceso penal ecuatoriano y la duda razonable

Abstract

In the present study on the application of circumstantial evidence in the Ecuadorian criminal process and reasonable doubt, the objective was to assess two legal institutions from the general theory of evidence, meanwhile as it has been considered by the doctrine that, although the evidence may be valid at the time of conviction, compliance with a series of conditions is required for them to be considered as such, in addition to reiterating that the judge may only issue a conviction when there is no reasonable doubt, which is more difficult to overcome. When the evidentiary activity is based on circumstantial evidence. As for the methods used, combined methods such as analysis-synthesis, exegetical and hermeneutical have been used. Regarding the techniques, the documentary review was used. The need to legally regulate the circumstantial evidence and its elements is concluded, for the best control of the jurisdictional action.