The
Effectiveness Of The Implementation Of Ecuadorian Regulations For Crime Scene
Preservation: Impact On The Integrity And Validity Of Forensic Evidence
La Efectividad En La Implementación De La Normativa
Ecuatoriana Para La Conservación De La Escena Del Crimen: Impacto En La
Integridad Y Validez De La Evidencia Forense
Master's
Degree in Criminalistics and Forensic Sciences.
National
University of Chimborazo. UNACH
https://orcid.org/0009-0006-0840-4351
Wendy Pilar Romero Noboa
Lawyer. Master in Law, mention in criminal law and criminal procedure,
undergraduate professor at the National University of Chimborazo. UNACH.
https://orcid.org/0000-0002-8550-2864
This research was
conducted with the aim of analyzing the effectiveness of the implementation of
Ecuadorian regulations for crime scene preservation and their impact on the
integrity and validity of the collected forensic evidence. A qualitative design
was employed, using an exhaustive literature review of Ecuadorian regulations
and international protocols related to the collection and handling of evidence.
The study focused on the context of Ecuador, a country with a robust regulatory
framework but significant challenges in its practical application.
The intervention involved
analyzing the current regulations, comparing them with international standards,
and identifying operational and structural barriers that hinder their effective
implementation, as well as comparing findings with research conducted in other
countries. The results indicated that the lack of resources, insufficient
training of justice operators, and the involvement of unauthorized individuals
at crime scenes compromise the proper preservation of evidence, affecting the
reliability of investigations.
Therefore, the research
demonstrated that, despite having a solid legal framework, the effectiveness of
the regulations depends on rigorous implementation and overcoming operational
obstacles such as resource limitations and the need for specialized training in
rural areas to ensure the validity of evidence in judicial processes.
Keywords: Right
To A Fair Trial, Forensic Evidence, Chain Of Custody, Crime Scene, Investigation.
Resumen
La investigación se desarrolló bajo el
enfoque de analizar la efectividad de la implementación de la normativa
ecuatoriana para la conservación de la escena del crimen y su impacto en la
integridad y validez de la evidencia forense recolectada. Para ello, se empleó
un diseño cualitativo, utilizando una revisión bibliográfica exhaustiva de la
normativa ecuatoriana y los protocolos internacionales relacionados con la
recolección y manejo de evidencias. El estudio se centró en el contexto de
Ecuador, un país con una estructura normativa robusta, pero con importantes
desafíos en su aplicación práctica. La intervención en este caso fue el
análisis de la normativa vigente, comparada con estándares internacionales, y
la identificación de las barreras operativas y estructurales que dificultan su
implementación efectiva, así como una comparación con investigaciones
realizadas en otros países. Los resultados indicaron que la falta de recursos,
la insuficiencia en la capacitación de los operadores de justicia y la intervención
de personas no autorizadas en la escena del crimen comprometen la preservación
adecuada de las pruebas, afectando la confiabilidad de las investigaciones. Por
ello, la investigación demostró que a pesar de contar con un marco legal
sólido, la efectividad de la normativa depende de una implementación rigurosa y
de la superación de obstáculos operativos, como la falta de recursos y la
capacitación especializada en las zonas rurales, para asegurar la validez de
las evidencias en los procesos judiciales.
Palabras clave: Derecho A Un Proceso Justo, Evidencia Forense,
Cadena De Custodia, Escena Del Crimen, Investigación.
Introduction
The location of the criminal incident, commonly referred to as the crime
scene or site of the unlawful act, constitutes that specific area of space
where the illegal activity took place and is inherently prone to the disclosure
of objectively verifiable remains or traces that can provide critical
information, thus serving as the primary source of evidence that can be immediately
sought, which is essential to elucidate the circumstances surrounding the event
in question
The crime scene, also known as the scene of the crime, is the specific
site where the unlawful conduct took place, a space in which a series of
indicators and signs can be found that facilitate the positioning of the
investigation, all with the objective of achieving a comprehensive
understanding of the actual events that took place and establishing the factual
basis of the unlawful acts committed in that space.
Forensic specialists employ scientifically based techniques for evidence
collection, ensuring systematic sampling to maintain integrity and minimize
contamination. Each item collected must follow robust chain-of-evidence
procedures, documenting its movement from the crime scene to the laboratory and
ultimately to the courtroom
Therefore, meticulous attention to detail and rigorous adherence to
proper forensic procedures at the crime scene are critical to ensure that the
evidence collected is reliable and valid, which ultimately plays a critical
role in the pursuit of justice and the resolution of the case at hand.
To this end, it is essential to identify the classification of crime
scenes. In the first instance there are open or outdoor scenes, understood as
areas where criminal activity has occurred and are now the subject of extensive
examination, but the inherent challenge of these scenes lies in their expansive
nature, often encompassing vast public spaces, such as streets and outdoor
environments, which undergo continuous alterations, influenced by a multitude
of factors, including unpredictable natural phenomena and the unpredictable
presence of wildlife, which have the potential to compromise the integrity of
crucial evidence and significantly alter the physical state of the finds being collected
Second, you have the scene in an enclosed space which is identified as
the type of scene that presents the least difficulty for investigators to
manage, mainly due to the fact that the process of isolating and preserving
evidence is significantly easier in these environments, which are usually
enclosed, as investigators can simply secure the area by ensuring that all
doors are locked, thus avoiding interference by unauthorized persons. with the
integrity of the scene
The preservation of crime scenes is to ensure the essential principles
that guide the collection, management and examination of the forensic evidence
involved in each case, for this, we can take as a basis the principle of
exchange of Edmond Locard, which indicates that every
contact leaves a trace, however minimal it may be, as a result of the
interaction between a person and his environment causes a transfer of
materials. Thus, in the context of a crime scene, this idea emphasizes the
critical nature of protecting even the smallest elements, such as hair fibers,
fingerprints, biological remains or microscopic substances. Any alteration or
manipulation of these traces can result in the confiscation of vital evidence,
which would cause a danger in the reconstruction of the facts and the
identification of possible perpetrators
The preservation of evidence is important as it directly affects the
reliability of the analysis and the effective development of legal processes,
therefore, forensic laboratories involved in the procedures employ strict
compliance protocols in order to ensure that the evidence collected is
processed without contamination or loss of its characteristics
A key and essential principle that complements the process of crime scene
preservation is the chain of custody that ensures that the evidence taken is
carefully recorded, cared for and controlled from the instant of sample
collection until it is presented in court as evidence. This procedure is
crucial to preserve the integrity and legal validity of the evidence, as any
interruption of the chain could weaken the credibility of the evidence and the
development of the legal case
Forensic investigations also present operational challenges, understood
as the theory of forensic error, which may include human, technical or
organizational factors
Theories based on environmental criminology focus on understanding crime
through analysis of the environment in which it occurred, emphasizing the
importance of documenting and analyzing crime scenes to develop effective
prevention strategies. These theories emphasize the role of situational and
environmental factors in influencing criminal behavior. This approach is
multidisciplinary and incorporates knowledge from sociology, psychology, and
law enforcement to address crime in a comprehensive manner
Legal framework in Ecuador
For the preservation of crime scenes, Ecuadorian regulations are based
on a set of legal norms and international principles that guide forensic
practice. This body of norms establishes the responsibilities of justice
participants and defines the minimum standards to ensure that investigations
are carried out in a transparent and efficient manner. The following is the
applicable legal basis for the context presented:
Constitution of the Republic of Ecuador: the right to due process is
stipulated in Article 76 (due process guarantees) of the Ecuadorian
Constitution. It establishes a fundamental provision for the integrity of the
investigations, protection of the parties involved, security that the evidence
is obtained, handled and presented as determined by law. Furthermore, paragraph
4 of the aforementioned article establishes that any evidence obtained
illegally lacks legal validity, underlining the need for rigorous and
transparent procedures
The principle of legality is crucial in criminal law, as it ensures that
actions are based on established legal norms and prevents the retroactive
application of unfavorable laws
In Ecuador, this principle is part of a broader constitutional framework
that emphasizes the rule of law and justice, ensuring that legal actions,
including crime scene preservation, are carried out within a legal framework (
Integral Organic Penal Code: the preservation of the crime scene is
mainly regulated by the Integral Organic Penal Code (COIP), since this body of
law in its articles 456, 460 and 461 establishes certain guidelines for the
collection, handling and preservation of evidence at a crime scene. In
particular, article 460 provides that the prosecutor, in coordination with the
specialized investigation personnel assigned to each case, protects the crime
scene, ensuring that no unauthorized persons enter the place. If necessary, the
prosecutor will use the security forces to preserve the site for up to eight
hours, guaranteeing in some way that the existing evidence will not be tampered
with. This mandate underlines the importance of an immediate and controlled
intervention to avoid alterations that compromise the investigative process
In addition, Article 292 penalizes the alteration of evidence and
elements of proof, imposing sanctions on those who compromise their validity,
because they alter the scene and the results that can be obtained (COIP, 2014).
Resolution No. 073 FGE 2014: published in the Official Gazette
Supplement No. 318, establishes protocols for the handling of evidence within
the chain of custody system. Although this instrument details specific
procedures for the protection of evidence from its collection to its
presentation at trial, it does not comprehensively address previous stages,
such as cordoning off and initial delimitation of the crime scene
Organic Code of the Judiciary: this law complements the criminal legal
framework by regulating the responsibilities of judicial operators. It
underlines the obligation of judges, prosecutors and experts to act with
diligence and professionalism in the handling of evidence. It also establishes
mechanisms to supervise and evaluate the performance of officials in order to
prevent irregularities
Applicable International Standards: Ecuador, as a signatory to several
international treaties, is also governed by principles and guidelines
established in global forums. Among the most relevant regulations are:
The United Nations Crime Scene Manual is the instrument that provides
guidelines on how to preserve and process crime scenes.
The protocols established by INTERPOL set international standards for
the collection and handling of forensic evidence at crime scenes.
The guidelines associated with the American Convention on Human Rights
protect the procedural rights of persons involved in criminal investigations
These international standards serve as a reference for evaluating
Ecuadorian practices, allowing gaps and areas for improvement to be identified.
Complementary Regulations: Complementary regulations, such as internal
procedures established by the Judicial Council and protocols issued by police
and forensic institutions, play an indispensable role in specifying the
methodologies to be followed for intervention in investigations. These
regulations ensure that procedures are carried out systematically and
effectively, addressing the complexities of various criminal cases. In
addition, they provide a process for investigators to follow, which improves
coordination and efficiency in the investigation, which is why, internal
procedures and protocols are essential to guide investigators through the
complexities of criminal investigations, such as the cases of premeditated
murder and domestic violence
Main challenges and barriers in the application of the regulations
The effective implementation of any regulation is conditioned by
structural, operational and human factors. In the case of crime scene
preservation in Ecuador, the main challenges can be theorized from the
following perspectives:
Institutional deficit theory
Institutional deficit theory highlights how structural deficiencies
within systems hinder their ability to meet regulatory objectives. In Ecuador,
these deficiencies manifest themselves as shortages of logistical resources and
geographic inequality, which particularly affect rural areas. These problems
are emblematic of broader institutional failures that can be observed in
various contexts, such as:
Lack of logistical resources: many areas of Ecuador lack
essential investigative equipment such as forensic kits, cameras and
specialized vehicles, which are crucial for effective law enforcement and
regulatory compliance. This scarcity of resources is a common theme in
institutional failures, where inadequate infrastructure and tools prevent
institutions from effectively fulfilling their mandates
Geographic inequality: Rural areas of Ecuador
often have less access to the necessary forensic infrastructure compared to
urban regions, which exacerbates the challenges of implementing effective
regulatory measures. This geographic disparity is a common problem in Latin
American countries, where institutional weaknesses are often the result of
political strategies that affect the implementation of laws and regulations
Training gap theory
The training gap theory highlights the critical role of training and
competencies in the effective implementation of regulations, particularly in
Ecuador's judicial system. Inadequate training of justice operators, police and
forensic experts poses significant challenges, such as lack of documentation,
non-compliance with protocols and an increased risk of evidence contamination.
This problem is compounded by the lack of continuous and specialized training
programs, leaving operators ill-prepared to deal with daily challenges
This translates
into:
·
Failures in documentation
and evidence collection.
·
Non-compliance with
established protocols.
·
Increased likelihood of
contamination or loss of evidence.
The absence of continuous and specialized training programs exacerbates
this problem, leaving operators without up-to-date tools to meet the challenges
of daily practice
Forensic error theory
Forensic error theory highlights the susceptibility of crime scene
management to human and technical errors, which can compromise the
admissibility of evidence. Factors such as lack of time, inadequate supervision
and lack of clear protocols contribute significantly to these errors. In
Ecuador, preliminary studies have shown that many court cases are compromised
due to failures in the chain of custody and inadequate scene management. This
problem is not unique to Ecuador and reflects broader systemic challenges in
forensic science, therefore:
Human and technical errors in forensic science: Errors in forensic
science are often due to human factors, such as cognitive biases and subjective
interpretations, especially in pattern recognition disciplines such as handwriting
analysis
Mitigation strategies: error mitigation includes implementing quality
management practices, using checklists to avoid errors of omission, and
conducting independent, blind peer reviews
Contextual factors
The analysis of regulatory enforcement challenges must consider various
socio-cultural and economic factors, such as corruption, media influence and
political instability. These factors have a significant impact on the
effectiveness and impartiality of regulatory systems. Corruption and conflicts
of interest undermine confidence in judicial systems, while social and media
pressures can skew priorities toward speed rather than accuracy. Political
instability disrupts continuity in policy implementation, affecting regulatory
effectiveness
Corruption and conflicts of interest: these problems erode
confidence in the judicial system and affect the impartiality of the
investigation.
Media and social pressure: sensationalist media
coverage can influence the performance of operators, prioritizing speed over
accuracy.
Political instability: frequent changes in command
and political structures affect the continuity and effectiveness of
interventions
Organizational resilience theory
Despite existing barriers, organizational resilience posits that systems
can be adapted and strengthened through well-designed strategies. To do so, they must:
·
Implement periodic audits
to monitor adherence to protocols.
·
Promote a culture of
continuous improvement among justice operators.
·
Develop partnerships with
international institutions for knowledge and resource sharing
Analysis of the research problem
The crime scene represents the indispensable environment in the investigation,
since it is where crucial evidence is collected for the correct application of
Ecuadorian law, which is why the importance of preserving the crime scene lies
in its direct impact on the integrity and validity of the forensic evidence.
Being the initial epicenter of any investigation, the crime scene
requires proper preservation, since the validity of the evidence collected for
the administration of justice depends on this action. That is why the COIP, in
accordance with other regulatory bodies, points to the chain of custody as a
tool to guarantee the authenticity of the evidence. However, there are
deficiencies in the practical implementation of of
these regulations, aggravated by the lack of specific manuals for the
preservation of crime scenes, generating serious difficulties for the progress
of investigations.
Despite a robust legal framework, practical implementation in Ecuador
faces several considerable challenges affecting crime scene preservation. One
of the most important problems is the lack of specialized training of the
parties involved in the process, as studies show that forensic professionals do
not receive training in preservation techniques, which increases the risk of
errors or contamination of evidence. In addition, the lack of basic logistical
resources, such as evidence collection kits, adequate photographic cameras or
specialized vehicles for forensic transport, creates a problem with the
possible damage to the crime scene. In
addition, supervision and adherence to established protocols are inconsistent.
Reports from the Judiciary Council have indicated that, in some cases,
procedures are not adequately documented, raising doubts about the validity of
the chain of custody. This lack of rigor compromises the reliability of evidence
presented in court.
On the other hand, it is also important to take into consideration the
sociocultural aspect of crime scene preservation, which influences the
implementation of current regulations in Ecuador, and cultural factors such as
the perception of justice, trust in institutions and local practices
significantly affect crime scene management. The latter influences certain
rural and indigenous areas of Ecuadorian territory, which have their own
customs and community dynamics that can affect the application of the justice
system, resulting in social pressure, media coverage and the impact of cultural
values.
It is therefore important to examine the impact of proper preservation
of the crime scene on the integrity of the evidence collected, especially in
crimes against the sanctity of life, such as homicides, femicides
and murders. These offenses require immediate, precise and professional action
by the authorities in charge, who must ensure that the handling of the scene
respects fundamental principles such as legality, integrity and authenticity of
the evidence, therefore, the research focuses on analyzing the effectiveness of
the implementation of Ecuadorian regulations for the preservation of the crime
scene and its impact on the integrity and validity of the forensic evidence,
this in order to ensure the reliability of the facts, for this, the following
research question has been pointed out: How does the effectiveness in the
implementation of Ecuadorian regulations for crime scene preservation affect
the integrity and validity of the collected forensic evidence?
Methodology
The research will be developed with a qualitative approach due to the
characteristics of the subject matter. For this purpose, a bibliographic review
will be used as the primary source of information. This approach is appropriate
for analyzing the effectiveness of Ecuadorian regulations on crime scene
preservation, since it allows for an exhaustive exploration of the Ecuadorian
legal framework, the challenges in its implementation, and to relate it to
international practices, based on relevant literature and official documents.
Type of Research
The research will be descriptive-analytical in nature, as it will focus
on describing and analyzing the normative, operational and theoretical aspects
related to crime scene preservation. This includes a critical evaluation of
Ecuadorian regulations (mainly the Organic Integral Penal Code) and its
comparison with recognized international standards.
Sources of Information
The literature review will cover documents such as:
Legal regulations and official documents: Comprehensive Organic Criminal
Code (COIP), Constitution of the Republic of Ecuador, institutional protocols,
and international treaties ratified by Ecuador.
Scholarly articles, books and publications addressing crime scene
preservation, chain of custody, and evidence management in forensic contexts.
Academic databases such as Scopus, PubMed, and Google Scholar Web
Offsite to access relevant studies.
Data Collection Techniques
The information to be obtained will be carried out through a systematic
search process in academic databases and legal repositories that address the
topic in reference, therefore, keywords related to the research topic will be
used, such as: "crime scene", "Ecuadorian regulations",
"chain of custody" and "forensic evidence management",
"scene preservation", among others.
To guarantee the validity of the information, priority will be given to
updated documents (preferably from the last 10 years), relevant to the
Ecuadorian context and from reliable sources.
Results
Crime Scene Description
In any investigation, the crime scene becomes the starting point for the
collection of evidence necessary to reconstruct the illicit acts. In Ecuador,
crime scenes are classified depending on their main characteristic:
Open scene: it becomes the space that is outdoors, which is why it
presents its own challenges due to its exposure to environmental factors,
climatic changes, interference of urban fauna, access by unauthorized persons;
elements that increase the probability of alteration of the evidence.
Closed scenes: these are limited physical locations; in these spaces
investigators have a higher level of control to maintain the evidence required
in illicit acts, thus reducing the risk of contamination.
Therefore, for the collection of data at the crime scene, Edmond Locard's principle of exchange is taken into consideration,
which refers to the importance of preserving all traces, even the smallest and
most insignificant, since any contact can leave clear evidence for the
investigation.
Edmond Locard's Exchange Principle: Scientific
Basis and Application
Edmond Locard's principle of exchange, which
postulates that "every contact leaves a trace," is fundamental to
forensic science. This principle has significantly influenced forensic
methodologies by providing a scientific basis for evidence collection and
analysis. The application of the principle is evident in various forensic
fields, from digital forensics to biological trace analysis, underscoring its versatility
and importance in modern criminal investigations
Locard's principle is based on the
premise of the interaction that a person can have with his environment, which
includes objects and other individuals, since it generates a transfer of
materials, which can be recognized with the naked eye, or sometimes with the
support of the microscope, therefore, they are differentiated:
Visible physical evidence: can be recognized in fingerprints, textiles,
hair, residues such as blood or saliva, among others.
Non-visible physical evidence: microscopic particles such as dust, paint
chips, broken glass, gunshot residue and chemical components.
This principle is supported by materials science, molecular biology and
analytical chemistry, which allow the identification and analysis of
transferred traces. Technological advances, such as electron microscopes and
DNA testing, have increased the ability to detect even the most subtle
transfers
The Locard principle supports the importance
of carefully and meticulously preserving the crime scene, since it is the basis
for reconstructing the events that occurred, allowing the identification of
remains that are linked to the scene. In the same way, it is possible to
identify the participants, differentiating between the victim and the suspect
in order to establish links and participation in the investigation.
Although the principle generates relevance for the collection of
evidence at crime scenes, its implementation still presents several challenges
for its correct application in Ecuador:
Insufficient training: Investigators designated for the discovery of
findings may be poorly trained to identify, collect and handle small or
microscopic evidence.
Lack of resources: the lack of advanced technological equipment limits
the capacity to detect minimal transfers.
Unauthorized interventions: access by unauthorized persons to the crime
scene may alter or destroy key evidence for the development of the investigation.
By virtue of the advantages, the application of the Locard
principle has a direct impact on the application of justice for the resolution
of cases, including:
Facilitates the identification of those responsible: significantly
improves the ability to identify the persons or entities responsible for a
particular situation or event: this is achieved by meticulously tracing
different materials to their singular origin, thus establishing a clear
connection between the materials and those responsible for their presence.
Provides solid scientific evidence: the material transfer process can be
used to support eyewitness accounts with corroborative evidence or to
effectively challenge and refute contradictory statements made by various
parties involved in the matter in question.
Mitigates ambiguity in the judicial system: evidence obtained on the
basis of this fundamental principle yields objective conclusions that are
inherently less prone to personal bias and subjective interpretations, thus
providing a more reliable basis for legal proceedings and decision-making in
courts of law.
Sample Collection
The systematic collection of forensic samples at crime scenes represents
an essential procedure that is meticulously governed by the Comprehensive
Organic Criminal Code (COIP) within the jurisdiction of Ecuador, thus
establishing the chain of custody as an indispensable mechanism to safeguard
the integrity and authenticity of evidence throughout the investigation
process.
This comprehensive process requires thorough documentation of the
handling of each individual item, beginning with its initial collection,
progressing through its analysis in a controlled laboratory environment and
culminating with its presentation during court proceedings to ensure that each
phase maintains a clear and traceable record.
However, Ecuador faces significant operational challenges that become
apparent during this critical stage of the research process:
A significant deficiency in logistical resources: in many regions of the
country there is a marked lack of essential equipment, including, but not
limited to, forensic kits designed for evidence collection, high-resolution
photographic equipment for accurate documentation, and specialized vehicles
designed for the safe transport of collected evidence, all of which contribute
to a reduced ability to effectively manage crime scenes. These systemic
deficiencies have a direct and detrimental impact on the overall quality of
crime scene management, thus compromising the integrity of the investigative
process.
Lack of adequate training: justice operators, who play a key role in
crime scene preservation and evidence collection, are often inadequately
trained in the fundamental techniques required to preserve crime scenes and
collect evidence effectively, which significantly increases the risk of
procedural errors and contamination of critical evidence.
The establishment and implementation of clear and standardized
procedures, along with the provision of adequate resources, are essential
prerequisites for improving the overall effectiveness of evidence preservation
in the criminal justice system.
Comparison with Procedures in Latin America
Compared to other Latin American countries, Ecuador has a robust
regulatory framework, but its practical implementation faces limitations that
affect crime scene preservation.
Table 1: Comparative table of procedures in Latin America
|
Country |
Crime Scene Preservation Strengths |
Challenges Identified |
|
Ecuador |
-
Robust regulatory framework (COIP and Constitution). |
-
Lack of specialized training for operators. |
|
Chile |
-
Implementation of continuous training programs for police and prosecutors. |
-
Challenges persist in remote areas due to the extensive geography. |
|
Colombia |
-
National operational manuals adapted to international standards. |
-
Influence of the armed conflict on the preservation of certain scenes. |
|
Argentina |
-
Presence of advanced forensic laboratories in large cities. |
-
Significant resource gaps between urban and rural areas. |
|
Mexico |
- Protocols
for the protection of evidence in high impact crimes. |
-
High level of corruption that affects process reliability. |
|
Peru |
-
Progress in the formation of specialized criminal investigation units. |
-
Limited coverage of trained personnel in remote regions. |
Comparative Analysis
From the findings obtained from the various scientific articles, it can
be seen that there are several similarities and differences in relation to the
importance of crime scene preservation, as detailed below:
Similarities: Several countries worldwide have established particular
regulatory frameworks that are designed to regulate and maintain the integrity
of crime scene preservation, with many of these regulations being laws that are
aligned with widely recognized international standards that facilitate cooperation
among nations. In addition, the principles of maintaining a secure chain of
custody of evidence, as well as the incorporation of advanced technological
tools, are the predominant characteristics observed in practices adopted
throughout the region.
Differences: when comparing the regulations established for Ecuador,
compared to countries such as Chile and Mexico, which have a remarkable
technological advancement, as they have implemented cutting-edge equipment
accompanied by digital methodologies, thus achieving greater reliability of the
processes of evidence collection and management. In addition, the geographic
disparities present in Argentina and Ecuador pose similar obstacles to
effective law enforcement and judicial processes, while Colombia faces a
different set of problems that are closely related to the widespread
consequences stemming from the prolonged armed conflict and violence.
Key Challenges in Ecuador
The research results highlight a number of barriers that limit the
effectiveness of crime scene preservation in the Ecuadorian context:
Geographic inequality: rural areas lack access to basic forensic
resources, which generates significant inequality in the development of
investigations and in comparison with urban areas.
Sociocultural pressure: in certain communities, especially in rural
areas, traditional practices and perceptions of justice influence the ability
of investigators to apply established protocols and procedures.
Procedural inconsistencies: the main problem is poorly documented
procedures, generating doubts as to the validity of the evidence presented in
each procedure.
These challenges underscore the need for specific policy reforms in
training, resource allocation and procedural oversight.
Technical basics of crime scene preservation
The analysis reveals that proper crime scene preservation in Ecuador is
based on international principles, such as the chain of custody and the Locard exchange principle. However, implementation faces
barriers that limit the effectiveness of these regulations:
Operational barriers: Among the many challenges facing organizations,
particularly when considering the imperative of operational efficiency, there
is a pronounced and substantial deficit in the availability of specialized
training programs that are meticulously tailored to meet the distinctive and
specific needs of the workforce; in addition to this, there is a glaring
insufficiency of adequate resources and robust infrastructure that are
essential to effectively support and facilitate these crucial initiatives.
These pervasive problems are widely recognized throughout Latin America, but
manifest themselves in an even more acute, pronounced and alarming manner in
the particular context of Ecuador.
Socio-cultural factors: the complex and multifaceted nature of the
perception of justice, when combined with entrenched community practices that
are deeply rooted and prevalent in certain regions, contributes to further
complicate, obstruct and hinder consistent adherence to and compliance with established
protocols and norms that are generally anticipated and expected in such
settings.
Comparison with the Regulatory Framework in Ecuador
The effective implementation of Ecuadorian regulations for crime scene
preservation is a fundamental pillar in the administration of justice, as it
guarantees the integrity and validity of forensic evidence used in criminal
proceedings. The Código Orgánico
Integral Penal establishes a detailed normative framework that regulates the
procedures for preservation and collection of evidence, with the objective of
avoiding contamination or improper manipulation of evidence.
On the one hand, Article 456 is key in this context, since it imposes
the mandatory nature of the chain of custody, ensuring that each piece of evidence
from the crime scene is handled only by authorized personnel and following
strict documentation protocols to avoid any type of contamination. However, in
practice, the lack of training and resources may compromise its proper
application, affecting the admissibility of evidence at trial. In addition,
Article 460 provides that the prosecutor, working together with forensic
experts, should conduct a reconnaissance of the scene of the crime, restricting
access to the crime scene for up to eight hours and ensuring that the evidence
is properly secured. Despite this provision, in Ecuadorian reality there are
cases where the late intervention of prosecutors or the contamination of the
area by unauthorized persons affects the quality of the evidence, altering the
investigations and even affecting the intervening parties. Along the same
lines, article 461 emphasizes the importance of the ocular technical
inspection, a procedure that allows the identification of fingerprints, traces
and other elements relevant to the investigation. However, its success depends
on the rigorous application of established protocols, which may be limited by
deficiencies in logistics or lack of specialized equipment.
On the other hand, article 463 regulates the collection of biological samples,
establishing principles of confidentiality and protection of fundamental
rights, which avoids the revictimization of the
persons involved in the process. In terms of recovery and analysis of objects
related to the crime, article 467 requires formal documentation and allows
their temporary safekeeping until their presentation at trial, guaranteeing
their availability as evidence. Finally, article 468 empowers the prosecutor to
carry out the reconstruction of the event, a fundamental tool to verify investigative
hypotheses through the participation of witnesses and victims at the scene of
the events.
Despite the clarity of these provisions, their effectiveness depends on
strict compliance by justice operators, the availability of resources and the
training of personnel in charge of evidence collection and analysis. Proper
implementation of these regulations is essential to ensure the reliability of
evidentiary material and prevent miscarriages of justice resulting from
deficient or inadequately preserved evidence.
Comparative Table of Investigations
A comparative table with relevant studies is presented below:
Table 2: Comparative analysis of
relevant studies
|
Research |
Findings
|
Regulatory
analysis |
|
Using
forensic science in the analysis of homicidal crimes |
The
research analyzes the role and limitations of forensic science in the Indian
criminal justice system, highlighting the need for standardized procedural
protocols to ensure the reliability and admissibility of evidence. Deficiencies
are identified such as inadequate collection techniques, delays in analysis
and insufficient sample sizes, factors that can compromise the validity of
evidence and lead to erroneous acquittals. In addition, the importance of
forensic science in homicide investigation is highlighted , facilitating the
identification of victims and suspects through the analysis of clothing,
biological samples and DNA, which contributes to expediting both investigations
and judicial proceedings. |
The
Integral Organic Criminal Code regulates the collection and handling of
evidence at crime scenes. Article 460 of the Code establishes that the
prosecutor, working together with forensic experts, must guarantee the preservation
of the scene for up to eight hours, avoiding the alteration of evidence. In
addition, article 456 imposes the obligation of the chain of custody,
ensuring that the evidence is properly documented and handled only by
authorized personnel. However, as in India, delays in analysis and lack of
specialized training can compromise the validity of evidence and its
admissibility at trial. To improve this, there is a need to strengthen
collection protocols and ensure the availability of well-equipped forensic
laboratories. |
|
INVESTIGAÇÃO FORENSE: MÉTODOS E FERRAMENTAS
UTILIZADAS PARA RESOLVER CRIMES |
The
document stresses the importance of properly isolating and preserving the
crime scene to ensure the integrity of evidence and its admissibility in
court, noting that the effective implementation of scientific regulations and
methods in evidence collection strengthens the criminal justice process and
the search for truth in investigations. It
also highlights the impact of technological advances, such as DNA analysis
and the examination of electronic devices, on the resolution of complex
cases, making it possible to optimize forensic investigations and contribute
to a safer society. |
The
COIP establishes measures similar to those in Brazil for the preservation of
crime scenes. Article 463 regulates the collection of biological and genetic
samples, ensuring procedures that protect the rights of those involved and
avoid revictimization. However, Ecuador faces
difficulties in the application of advanced technology in criminal
investigation, as many laboratories lack state-of-the-art equipment for DNA
analysis and digital forensics. |
|
Operational
Procedures of Forensic Science Laboratories and Protocols for Sample
Collection |
The
author analyzes the procedures and operational protocols for sample
collection in forensic science laboratories worldwide, highlighting the
importance of standardized practices, quality assurance and documentation to
preserve the reliability of evidence. Furthermore,
he emphasizes that compliance with these protocols prevents contamination,
ensures the accuracy of analyses and strengthens the evidentiary validity of
legal proceedings, and underscores the relevance of ethical considerations
and compliance with legal frameworks in forensic science, as maintaining high
standards of integrity and respect for individual rights contributes to
public confidence and reinforces the credibility of the criminal justice
system. |
Articles
460 and 461 of the COIP establishes the technical ocular inspection as an
essential procedure for the collection of evidence at crime scenes. However,
in Ecuador there are still deficiencies in the rigorous application of
standardized protocols due to lack of training and supervision. Although the
regulations require that the procedures be documented and supervised, the
reality shows inconsistencies in their application, which jeopardizes the
evidentiary validity of the evidence at trial. |
|
Validation
of forensic images for assurance of digital evidence integrity |
The
study discusses the reliability of digital evidence, the manipulation of
forensic container formats, and the need for robust processes in digital
forensics to ensure the integrity of evidence in court proceedings. It
highlights that any weaknesses in the validation of digital evidence could
compromise justice by allowing the admission of tainted or fraudulent
evidence. In
order to mitigate risks, it focuses on the importance of rigorous validation
methods, including independent verification of metadata by an impartial third
party, which strengthens the reliability of digital evidence and avoids
disputes about its authenticity, thus ensuring the transparency and
credibility of the judicial process. |
Although
digital evidence plays a fundamental role today, Ecuador still lacks a
specific regulation that establishes detailed processes for its validation
and analysis. The COIP contemplates the principle of chain of custody in
Article 456, applicable also to digital evidence, but does not establish
specific guidelines on the collection and authentication of this information.
This represents a legal vacuum that could generate problems in the admission
of digital evidence in criminal trials. The incorporation of international
standards and the use of digital forensic audits could improve the
reliability and transparency of technological evidence in Ecuador. |
|
Biological
Evidence Management at the Crime Scene: An Overview |
The
results highlight the importance of proper collection, preservation and
storage of biological evidence to ensure the integrity and validity of
forensic analyses, especially in DNA profiling in criminal investigations.
Improper handling can lead to contamination and degradation of samples,
compromising their evidentiary utility and affecting the development of
cases. It
is therefore essential that forensic investigators receive training in the
meticulous handling of evidence, ensuring its reliability and maximizing the
impact of DNA technology in the administration of justice. |
The
handling of biological evidence in Ecuador is regulated by article 463 of the
COIP, which establishes protocols for obtaining biological samples respecting
fundamental rights. Likewise, article 467 regulates the recognition of
objects related to the crime, ensuring that they are documented and preserved
for use in court. However, as in other countries, Ecuador faces challenges in
the collection and proper storage of biological samples, largely due to the
lack of storage equipment and reagents in forensic laboratories. |
Answer to the Research Question
The effectiveness of the implementation of Ecuadorian regulations
directly affects the integrity and validity of the forensic evidence collected.
Deficiencies in training, lack of resources and structural problems limit the
ability of operators to preserve the crime scene according to established
standards. This can result in the contamination or loss of key evidence,
weakening court cases and affecting the administration of justice.
Conclusions
The current regulations applicable in Ecuadorian territory related to
the preservation of crime scenes are mainly established in the Comprehensive
Organic Criminal Code (COIP), as well as in the Constitution of the Republic of
Ecuador, which is the Constitution. Both bodies of law clearly stipulate the
procedures to be followed for the collection and handling of evidence, ensuring
the chain of custody, the preservation of the crime scene and the use of public
force in situations that require safeguarding the scene of the event. Despite
this, the implementation of these regulations still faces significant
obstacles, such as the lack of resources and specialized training in rural
areas of the country, which hinders the proper preservation of crime scenes and
thus affects the integrity of forensic evidence.
The main challenge in the application of Ecuadorian regulations
governing crime scene preservation is the lack of adequate logistical
resources, with forensic kits, specialized vehicles and high-resolution cameras
being essential for the collection of samples. These elements are aggravated in
certain areas due to geographic inequality, where rural areas lack access to
infrastructure and trained personnel, which is why the lack of specialized
training of justice operators and forensic experts is a key barrier that
contributes to the alteration of evidence and contamination of the scene.
Another difficulty is the inconsistencies in the documentation of procedures,
which generates doubts about the validity of evidence and compromises the
transparency of the investigative process.
Despite the whole scenario, the effectiveness of procedures and
protocols for crime scene preservation is still a subject of analysis in
Ecuador, because, although there is a robust regulatory framework that
recognizes the importance of the chain of custody and the meticulous
preservation of evidence, the implementation of these protocols is affected by
the lack of adequate supervision and the inability of justice operators to
apply the protocols rigorously. This is due to lack of resources, insufficient
training and the intervention of unauthorized persons at the scenes. As a
result, the effectiveness of procedures is compromised, which negatively
impacts the quality and validity of evidence presented in court.
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