La efectividad de la investigación previa en delitos de lesiones: análisis normativo y práctico

Abstract

This study focuses on analyzing the effectiveness of the preliminary investigation into crimes involving bodily harm within the Ecuadorian criminal justice system. To this end, it is necessary to consider the regulatory and practical aspects that influence the initiation of criminal proceedings. The Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish) regulates the preliminary investigation, establishing it as a key stage for collecting sufficient evidence to facilitate the determination of the existence of the criminal offense and the future of the process in general. The effectiveness of the preliminary investigation faces challenges, including the absence of reasoned justification in case files by prosecutors, the omission of procedures essential to the case, and limited technical assessment of forensic medical reports. The research was conducted using a mixed-methods approach, both quantitative and qualitative, and the analytical-synthetic method. Interviews were also conducted with legal professionals in the field, such as criminal defense attorneys and prosecutors, in addition to doctrinal sources, regulatory provisions, and case law references. The sole objective was to broaden the scope of the study and arrive at a more specific question regarding the challenges faced by the preliminary investigation phase in crimes causing bodily harm. It was thus determined that there is an alarming rate of unreasoned prosecutorial decisions, in which cases are archived, leaving them in impunity and increasing the excessive provisional filing. Similarly, a lack of standardization in the practice of expert appraisals for the accreditation of harm was evidenced.