Notification of advance testimony in sexual crimes and the right to defense (Review)

Abstract

This article critically argues for the need to implement a legislative reform to article 502 of the Ecuadorian Comprehensive Organic Criminal Code to regulate and legally define the notification of suspects during the preliminary investigation phase of testimony. A qualitative methodology is used, based on analytical-synthetic, exegetical, and inductive methods. The study is based on doctrine, national and comparative regulations, as well as on the results of a survey of legal practitioners. The findings show that the regulatory omission regarding notification of suspects violates the right to defense and the principle of adversarial proceedings. The regulations of other countries demonstrate that it is possible to guarantee this right without compromising the victim's integrity. The data obtained during the fieldwork reinforce the proposal to incorporate an express provision requiring notification, under measures that prevent re-victimization. It is concluded that this reform is legally necessary and constitutionally legitimate to ensure a criminal process that respects fundamental rights.