Abstract

LEON ORDONEZ, Daniela Alejandra; LEON ORTIZ, Rayza Belen  and  DURAN OCAMPO, Armando Rogelio. The evidence in the general process organic code. Ecuador. Universidad y Sociedad [online]. 2019, vol.11, n.1, pp. 359-368.  Epub Mar 02, 2019. ISSN 2218-3620.

The General Organic Code of Processes (COGEP) establishes the audience as a procedure for the administration of justice, which requires from lawyers, a new procedural behavior in the presentation of evidence. This qualitative study of systematized bibliographical review through historical-logical methods, documentary review, hermeneutics and analysis-synthesis, has the purpose of developing some considerations about the evidence in this new code. Among the main findings are: the existence of evidence that shows that the evidence has been present in judicial processes since before our era; the one that has as purpose to take the judge to the conviction of the facts and circumstances; the announcement in the demand of all the evidences and inclusion of the documentaries; to be admitted the evidence must be pertinent, useful and conducive; for the evidence to be appreciated by the judge or judge must be requested, practiced and incorporated within the terms indicated in the COGEP; the parties have the right to know in a timely manner the evidence that is going to be practiced, to oppose in a well-founded manner and to contradict them. The new evidence can be introduced even before the call for the trial hearing.

Keywords : Evidence; audience; COGEP.

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