Jurisdictional Evaluation of Circumstantial Evidence in Criminal Matter

Abstract

The main topic under analysis is not widely addressed within Ecuadorian doctrine, as there are not enough statements regarding circumstantial evidence or indirect evidence. It is necessary to mention that the Ecuadorian criminal process has an implicit doctrinal background, which has been debated regarding the evaluation of indirect evidence as part of the requirements that contribute to reaching a logical conclusion about the responsibility of a defendant in the face of the illicit act. It is essential to highlight the importance of evidence since it is part of the investigations of the events being examined, as it is the cornerstone of all legal reasoning. For this reason, it plays a fundamental role in the application of the law because it enables the connection between reality and the facts. The evaluation of evidence is necessary and fundamental, especially when dealing with indirect or circumstantial evidence. In criminal offenses, its application is generally more exposed, such as in cases of theft, offenses against sexual and reproductive integrity, economic crimes, and abuse of trust, among others, where it is challenging to prove the facts through direct evidence to establish the materiality and the responsibility of the defendant on trial.