El testimonio anticipado como valor probatorio en los delitos sexuales.

Abstract

Art. 502 of the COIP defines testimony and in its section 2, advance testimony. The judge may receive as advance evidence: a) the testimonies of seriously ill people; b) physically disabled people; c) of the people who are going to leave the country; d) of the victims or protected witnesses; e) informants; f) undercover agents and g) all those people who demonstrate that they cannot appear at the trial hearing (National Assembly of Ecuador, 2014, page 195). This test determines who can take it, adding that, in the case of crimes with sexual connotations, minors under 18 years of age can take it, in accordance with paragraph 1 of Art. 44 of the Constitution of the Republic: "at the beginning of Their superior interests and rights will prevail over those of other people" (National Constituent Assembly of Ecuador, 2008, page 42) and they cannot be re-victimized.