Oral litigation techniques in interrogation and cross-examination in criminal matters (Original)

Abstract

Interrogation and cross-examination are indispensable skills that a good lawyer must handle in an adversarial system of hearings such as the Ecuadorian one. Knowing how to approach witnesses, both one's own and those of others, is fundamental in all stages of the criminal process, so that knowing how to use the tool of questions presupposes doing it scientifically. There are minimum rules that every litigant must apply when questioning in a strategic litigation. According to the Organic Integral Criminal Code, article 502, paragraphs 14, 15, 16 and 17 establish the types of questions that may or may not be asked by the procedural parties in the interrogation and cross-examination, however, there are important conceptual gaps, specific definitions are not provided, and it is essential for the legal professional to identify and differentiate the types of questions among them. This scenario is not consistent with a correct strategic litigation, where it is necessary to avoid asking questions contrary to law or objecting to them in case they are asked by the opposing party, in order to guarantee the rights of the witness. In this context, this legal paper proposes a doctrinal determination and clarifies which questions should be asked and which should not be asked in an interrogation as part of the techniques applied in oral litigation.