The evidential sufficiency of the testimony of a victim with permanent mental disorder

Abstract

The objective of this article is to analyze the probative value of the testimony of a victim with permanent mental disorder in the Ecuadorian legal field, for this a descriptive study with a qualitative approach is carried out, describing through a documentary bibliographic review the main aspects , characteristics and nature of mental disorders, as well as international instruments and national regulations that provide protection to people who suffer from them, emphasizing the legal processes in which the victims have the condition previously described, in turn, the basis is exposed legal of the testimonies in accordance with the legal system of Ecuador. From what is obtained as a result that it is the obligation of the States to satisfy the rights of people with mental disorders, including a fair trial and judicial guarantees, for which in the Convention on the Rights of Persons with Disabilities and the Organic Law of Disabilities, is established as a person with a disability those with one or more physical, mental, intellectual or sensory deficiencies, forming part of the vulnerable groups and of priority attention. From which it is concluded that people with mental disorders as part of vulnerable groups require special protection of their rights by the State, however, the administrators of justice within the framework of the Law and guaranteeing justice before the eventual Committing a crime against one of these persons must assess the evidence gathered during the investigation in accordance with the testimony given by the victim.