Lider Alamiro Gonzales Lara, Gerardo Francisco Ludeña González, Nilton Isaias Cueva Quezada
DOI: 10.59427/rcli/2023/v23cs.3411-3419
The objective of this study, under a qualitative approach, was to analyze preconstituted evidence in crimes against sexual indemnity. In order to understand the legal nature of the right to evidence related to the interview of a minor on camera, Gesell in crimes against sexual indemnity, proving a regime of improper execution of the pre-constituted evidence. The methodology was carried out with a qualitative approach, having as a method the documentary analysis, the different specialized databases of Scopus, Scielo, Dialnet and official websites were searched, as results obtained it is that, despite the normative framework of criminal procedure, jurisprudence and doctrine prescribes that, for such cases, the statement of the minor is acted as advance evidence and as the only statement. As a conclusion reached, it must be concluded that the conduct of interviewing the minor as a pre-constitution of evidence violates the non-revictimization of the injured party, as well as the fundamental rights of the accused and the guarantees of due process, so that such an interview cannot have probative effect.
Pág 3411-3419, 30 Dec
