Due Process and Criminalistics

Abstract

The study of Due Process and Criminalistics enable the analysis of compliance with the fundamental aspects that frame the investigation of crimes from the point of view of guarantees. The theoretical analysis related to Due Process, its definitions, and historical background is carried out until reaching the present. Reference is made to Criminalistics, its conceptualization, its object of study and its inescapable relationship with compliance with Due Process, based on the foundation of considering Criminalistics as a science, and the procedural manuals that materialize in its practical application, such as They are: the principle of legality, that of celerity, that of the legality of the evidence, as well as its regulation in the Ecuadorian Comprehensive Organic Criminal Code, the Codes of Criminal Procedures of Nicaragua and Colombia. Taking Ecuador as a reference, a comparative study of the Penal Codes of Ecuador, Nicaragua and Colombia was carried out in terms of the form of regulation of the Due Process manuals. In this investigation, two questionnaire-type instruments were used, applying two types of surveys, one directed to the prosecutors of the Prosecutor's Office of Flagrancy of the "La Mariscal" Sector and another to the experts of the Laboratory of Forensic Sciences and Criminalistics of the city of Quito.