The circumstancial evidence on the ecuadorian organic comprehensive criminal code

Abstract

The circumstancial evidence constitutes one of the different kinds of evidence that allows the connection of a known fact to an unknown fact (subject to evidence) through the inference path. Its treatment in Ecuadorian criminal law has had several guidelines. This essay has as reference the current model of the Ecuadorian Organic Comprehensive Criminal Code in relation to the repealed Code of Criminal Procedure, in order to determine whether or not the current model allows the judgment of the judge to be based on evidence that leads to the declaration of guilt, while the current regulations lack express provisions that regulate this aspect. In addition to this, it is necessary to analyze the requirements established by the repealed procedural
code so that an indication reaches the quality of evidence; and thereby determine if its application is possible in the current model or, failing that, the intervention of recognized sources of law; without prejudice to not knowing the possibility of raising the prohibition that the criminal sentence is based on this quality of evidence.