El Uso de los medios telemáticos en materia penal y su adecuación a las garantías del debido proceso

Abstract

The use of telematic means in criminal matters and their adaptation to the guarantees of due process, uses a historical-deductive-inductive methodology, with a bibliographic review in order to determine its general objective, that of analyzing how the correct application of telematic means In the judicial stage of the criminal process, it will fully guarantee the procedural principles, which enshrine a true due process enshrined in the Comprehensive Organic Criminal Code, with the support of the Constitution of the Republic of Ecuador. Analyzing possible violations of other procedural principles included in the Constitution, as in the criminal legal system, the need for face-to-face to appreciate the reactions of the subjects involved and demonstrate the abuse of technological means. The judges can personally know those involved, and not only through documents. This allows you to observe situations beyond what is recorded in a record, in a recording, so you can collect more complete information about the cases. Determining a direct human interrelation that allows a greater reciprocal and personal knowledge between those involved in the oral trial.