El principio de inmediación y la actividad probatoria en la normativa procesal ecuatoriana
The principle of immediacy in the oral procedural system involves the interaction of the judge in the reception of the evidence, the parties, witnesses and experts, allowing a judicial decision, with the quality information obtained at the hearing. However, what happens when the judges who took part...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2019 |
| País: | Ecuador |
| Institución: | Universidad Internacional del Ecuador |
| Repositorio: | Repositorio Universidad Internacional del Ecuador |
| OAI Identifier: | oai:repositorio.uide.edu.ec:37000/3802 |
| Acceso en línea: | https://doi.org/10.33890/innova.v4.n2.2019.978 https://repositorio.uide.edu.ec/handle/37000/3802 |
| Access Level: | acceso abierto |
| Palabra clave: | inmediación; nulidad; sistema oral; ausencia de juez immediacy; nullity; oral system; absence of judge |
| Sumario: | The principle of immediacy in the oral procedural system involves the interaction of the judge in the reception of the evidence, the parties, witnesses and experts, allowing a judicial decision, with the quality information obtained at the hearing. However, what happens when the judges who took part in the probative activity, who gave their oral decision, can not intervene in the elaboration and subscription of the sentence, perhaps other judges, would have to declare the nullity of the proceedings and makea new hearing of judgment to mediate with the test, or through the recording media, other judges can elaborate the sentence. Faced with this situation, the former Supreme Court of Justice issued Resolution No. 564 of October 26, 2011, and the current National Court of Justice issued Resolution No. 18-2017 of November 22, 2017, for which , the central axis of this work, which employs a qualitative research is to determine whether the aforementioned resolutions, violate the principle of probative immediacy in the General Organic Code of Processes and the Organic Comprehensive Criminal Code, addressing this problem through a study analytical, doctrinal, normative, comparative and jurisprudential, using a descriptive methodology that aims to identify the central problem through legal sources. |
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