The limitation of the right to defense due to lack of access to means in traffic accidents. Cuenca 2021

Abstract

Introduction: In Ecuador, public criminal prosecution is legally reserved for the General State Prosecutor's Office, which also bears the burden of proof in the criminal procedural system. However, in practice, other participants can conduct evidentiary activities, which are essential for the defense in the criminal process. Objective: The objective is to analyze the participation of participants in criminal investigations in Ecuador in the generation of evidence and its impact on legal defense, particularly in the context of technical expertise such as audio and video analysis. Methodology: Within the framework of evidentiary activities in a preliminary investigation, practices such as technical expertise are considered, which require appropriate technological means and compliance with legal formalities, including the presence of two accredited experts. The lack of resources, which can result from the negligence of the General State Prosecutor's Office or the lack of state support, will be analyzed. Results: The participation of participants in generating technical evidence in criminal investigations in Ecuador is a legitimate expression of their right to defense. However, the lack of necessary resources to conduct these activities can result from the negligence of the General State Prosecutor's Office or the lack of state support, limiting the exercise of defense. Conclusion: The collaboration of participants in generating technical evidence in criminal investigations in Ecuador is essential for the exercise of the right to defense. The lack of resources constitutes a limitation and a violation of the right to defense, underscoring the need to ensure access to the necessary resources for effective defense in the Ecuadorian criminal system.