Ilicit evidence and exclusion in the trial of public action offences

Abstract

In the Ecuadorian criminal procedure, illicit evidence constitutes one of the most debated problems; the determination of the illegality, its causes and effects, are often resolved by the courts in an unsatisfactory, and even contradictory manner; problems that are exacerbated when the processes fail to comply with constitutional and legal mandates in obtaining them. The general objective of the present work is to base theoretical assumptions on the illicit evidence and its elimination for the classification of crimes of public action. The research from the quantitative paradigm, we worked with a documentary descriptive methodology with a bibliographic design, allowing to investigate bibliographic and legal sources, articulating a theoretical reflexive body. A questionnaire was developed. It is concluded that the exclusion of the evidence declared illegal not only covers the evidence obtained directly in violation of a fundamental right, but also the subsequent evidence whose obtaining derives from the initial.