El mal manejo de la cadena de custodia y su afectación en la investigación de la escena de un delito
Proper management of the chain of custody is a critical component of the criminal justice process, as it ensures the integrity, authenticity, and legality of the collected evidence and traces. In the Ecuadorian context, this variable is particularly relevant due to its direct impact on the protection of due process and judicial impartiality. Although the Comprehensive Organic Criminal Code (COIP) establishes clear rules for its implementation, structural and operational weaknesses persist in practice, undermining its effectiveness. The main objective of this study is to analyze the impact of mishandling the chain of custody in criminal investigations in Ecuador, with emphasis on its effect on the admissibility of judicial evidence and the need for structural reforms. The methodology follows a qualitative approach, based on legal, doctrinal, and jurisprudential review. The findings show that the lack of specialized training, the absence of standardized protocols, and the limited adoption of traceability technologies significantly weaken the criminal justice system, resulting in evidence exclusion, procedural nullities, and violations of due process. Therefore, the study concludes that it is essential to design and implement public policies aimed at continuous training for judicial and law enforcement personnel, the standardization of procedures, the integration of technological systems for chain of custody control, and the creation of a specialized technical unit. Hence, the chain of custody must be understood not merely as a technical procedure, but as a fundamental procedural safeguard to uphold the legitimacy of the Ecuadorian criminal justice system.
Publication Details
- Journal
- Dialnet (Universidad de la Rioja)
- Published
- 2025-01-01
- Primary Topic
- Social Issues and Policies in Latin America
- Type
- article
- Field-Weighted Citation Impact
- 0.00