Validez del testimonio anticipado del procesado en su calidad de cooperador eficaz en el Código Orgánico Integral Penal del Ecuador y su tratamiento en otros ordenamientos jurídicos.

Abstract

The present study analyzes the validity of the defendant's advance testimony as an effective collaborator, according to Ecuador’s Comprehensive Organic Criminal Code (COIP), and compares it with the treatment of this figure in the legal systems of Spain and the United States. A qualitative approach was used, based on the documentary review of regulations, case law, and academic literature. The results show that although the COIP includes provisions for corroborating advance testimony, practical application in Ecuador presents significant deficiencies, especially in terms of procedural guarantees and information verification. In contrast, Spain requires greater formalization of corroboration requirements, while the system in the United States is more flexible but with less control over the truthfulness of the testimony. It is concluded that Ecuador could benefit from legislative reform to strengthen verification mechanisms and protect the rights of the defendants.