Examinando por Autor "Morocho Hoyos, Gabriela Katherine."
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Ítem Solo Metadatos Análisis de la presunta vulneración al principio de imparcialidad de los peritajes en los delitos de tránsito.(Universidad Católica de Cuenca., 2022) Maldonado Illescas, Pablo Andrés; Morocho Hoyos, Gabriela Katherine.; Arciniegas Castro, César Leonardo; 0104363742; 0106079346The objective of the research was to analyze how expert opinions in traffic crimes violate the right to impartiality through the study of the regulations in force in Ecuador, where it was proposed to address how this process is affected based on the expert reports issued by the Specialized System of Investigation, Legal Medicine and Forensic Sciences (SEIIMLCF). The methodology applied was a qualitative approach, since documentary research was carried out, resorting to doctrinal sources, specialized articles, national and international legislation, in addition to the analysis of three Prosecutor's Office files on traffic accidents in expert documents at the national level. For this purpose, legal hermeneutics was applied, through the interpretation of the Ecuadorian legal context and the regulations in force. It is concluded that the prosecutor's decision to present only the expert reports prepared by the SEIIMLCF experts, without taking into account other reports, leaves the defendant defenseless. This is because it is making it impossible to prove his innocence, affecting the constitutional rights to effective judicial protection, due process and the right to defense. From this evidence, the time that elapses between the traffic accident and the technical report of recognition of the place provided by the Prosecutor's Office is extensive, which prevents carrying out an authentic scientific investigation, sometimes showing that the evidence has disappeared and there is no preservation of the scene of the accident.
