El acervo probatorio que requiere un juez en materia de tránsito, para las contravenciones que son sancionadas con multa.
The evidence in a judicial proceeding is one of the fundamental elements that allow the judge, through its practice, to establish the factual and legal truth of the allegations and claims of the procedural parties. Such is its importance within a process, that legal theory and law have established a...
| Autores: | , |
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| Tipo de documento: | dissertação |
| Estado: | Versão publicada |
| Data de publicação: | 2022 |
| País: | Ecuador |
| Recursos: | Universidad de Otavalo |
| Repositório: | Repositorio Universidad de Otavalo |
| Idioma: | espanhol |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/818 |
| Acesso em linha: | http://repositorio.uotavalo.edu.ec/handle/52000/818 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Derecho Penal Prueba Contravención Debido proceso |
| Resumo: | The evidence in a judicial proceeding is one of the fundamental elements that allow the judge, through its practice, to establish the factual and legal truth of the allegations and claims of the procedural parties. Such is its importance within a process, that legal theory and law have established and systematized the means by which it must be carried out. In this sense, the means of evidence must not only be pertinent and conducive to determine the procedural truth, but the judge must make a joint valuation exercise of all the means of evidence, in such a way that through all these elements the thesis of the part ies can be contrasted in order to reach the ultimate goal of procedural litigation, which is the achievement of justice. However, in the case of the trial of traffic offenses, as will be observed in this paper, the judge in his assessment and argumentative process to issue his decision, does not necessarily take into account all the theoretical and normative development explained in this paper, and issues his decisions solely and exclusively based on the testimonial evidence of the traffic officer, which can represent conflicts in the substantiation of these offenses to such a degree that they can be assimilated as violations of the right to due process in the guarantee of an effective realization and assessment of the evidence. |
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