The expedited procedure within domestic violence violations and the principle of contradiction in expert evidence.

Abstract

The expedited procedure in contraventions of domestic violence, established in the Comprehensive Organic Criminal Code (COIP), seeks to ensure a rapid response in these cases. However, its application has raised concerns about the violation of fundamentalprinciples of due process, especially in relation to contradiction of expert evidence.The Constitution of the Republic of Ecuador establishes that all norms must conform to its principles, such as effective judicial protection and the guarantee of defense. Article 643, numeral 15 of the COIP, determines that the expert reports are sent directly to the judge without the mandatory appearance of the experts in the hearing, which restricts the possibility of rebuttal and affects the principle of immediacy. This provision contravenes Art. 76 of the CRE, which guarantees the right to question witnesses and experts. The exclusion of oral testimony of experts may result in judicial decisions based only on written documents, limiting the fairness and transparency of the trial. Although the expedited procedure seeks to protect victims, it should not do so to the detriment of defendants. It is necessary to review the regulations to balance the protection of victims with respect for fundamental procedural principles.