Análisis sobre la desigualdad de herramientas procesales para la obtención de elementos probatorios de la defensoría pública frente a Fiscalía

Abstract

There is no doubt that evidence is one of the most essential elements in the criminal process, as it helps to define the legal situation of the accused. As is well known, the law has given the Attorney General's Office procedural tools to obtain evidence, however, the Public Defender's Office does not have tools equivalent to those of the Prosecutor's Office, which places the defense in a situation of inferiority. Objective: the objective of this article was to analyze the procedural inequality between these two bodies in relation to obtaining elements of conviction. Therefore, to develop the same. Methodology: the methodology used was the quantitative method since information issued by officials of the FGE and Public Defender's Office of the city of Cuenca was collected. Conclusion: consequently, it was evidenced that the unequal procedural tools do generate procedural inequality and affect the preparation of the defendant's defense.