Falta de regulación de los peritos de parte en el coip.2022.

Abstract

The objective of this research work is to analyze the figure of the party expert in Ecuadorian criminal legislation. The challenges that the expert opinions entail are the probable “rivalry” between the ex officio and ex parte experts. But also the fact that the expert witness is recognized in the Comprehensive Organic Penal Code (COIP) just as, for example, the figure of prosecutors and their powers are recognized. The approach of this research work is based on the qualitative type, which consists of qualitative research that can be interpreted by the production of descriptive data, such as words or speeches of the people who were interviewed, who express themselves in spoken and written form. . The use of techniques such as the state of the art that allows the accumulation and analysis of information was applied and on the other hand the interview was applied to obtain the opinions and perceptions of different experts in legal matters such as magistrates, prosecutors and experts. Results were obtained that allowed the generation of a proposal where the figure of the party expert is integrated tacitly, that is, written in the COIP because with the experts in the field it was concluded that it was a need that would facilitate the perception that There are these specialists in addition to the proper application of justice based on expert report.