Validity of electronic testimony in the ecuadorian criminal process and its compatibility with procedural principles

Abstract

The incorporation of remote hearings into the Ecuadorian criminal procedure represents a significant milestone in the modernization of the justice system and in ensuring effective access to judicial protection. However, its practical implementation has revealed relevant normative and procedural shortcomings, particularly regarding the remote appearance of expert witnesses. The main issue lies in the absence of clear and specific regulation within the Organic Comprehensive Criminal Code (COIP) establishing minimum standards for identity verification, control of the testimonial environment, and the preservation of fundamental procedural principles such as immediacy, adversarial proceedings, orality, and publicity. This regulatory gap has allowed inadequate practices that undermine the solemnity of procedural acts and raise concerns about the integrity, authenticity, and credibility of expert testimony. The research adopts a qualitative methodology, based on a descriptive and critical analysis of legal norms, national and international doctrine, and relevant jurisprudence, which made it possible to identify the main deficiencies and challenges in the application of remote hearings; and qualitative, which allowed us to verify statistics. Based on these findings, a reform of the COIP is proposed to incorporate specific provisions on remote hearings, establishing mandatory protocols, minimum technical conditions, and appropriate institutional settings, to guarantee the evidentiary validity of expert testimony and the strict observance of due process in Ecuadorian criminal proceedings.