Falencias en el manejo de la cadena de custodia y las consecuencias en el proceso penal

Abstract

This study was conducted to analyze the current implementation of the chain of custody in the Ecuadorian criminal justice system, with the aim of determining the potential legal consequences that may arise from evidence obtained through deficient and inadequate handling. Specifically, the study addresses the question: What legal consequences could arise for evidentiary items collected through an ineffective and inadequate chain-of-custody procedure in the Ecuadorian criminal justice system? Methodologically, the research was conducted using a qualitative approach, based on a review of the literature, legal doctrine, and regulations pertaining to the chain of custody, with an emphasis on the critical analysis of the facts and the consequences resulting from the identified deficiencies. It was concluded that the chain of custody is of utmost importance, and it was evident that the main shortcomings occur during the phases of collection, documentation, packaging, and storage of evidence. These irregularities directly affect fundamental rights recognized by the legal system, particularly due process and effective judicial protection; therefore, it is recommended—among other actions—that integrated digital evidence-custody systems be implemented to enable the real-time recording, monitoring, and verification of each activity carried out with respect to the evidentiary items.