The principle of immediacy and telematic hearings in the ecuadorian criminal process: a violation?

Abstract

The Ecuadorian procedural system has undergone a gradual transformation towards a model more focused on digital tools. This evolution has raised numerous concerns regarding the respect and practical application of constitutional principles, especially the principle of immediacy. In simple terms, immediacy refers to the direct interaction between the judge and the parties involved, as well as with the evidence presented. This principle has traditionally been interpreted as the physical presence of the actors in the courtroom. However, the growing implementation of remote hearings has called into question the way this principle is understood and applied in the digital context. Faced with this reality, a comprehensive investigation was conducted to determine whether remote hearings in the Ecuadorian criminal process violate the principle of immediacy and, consequently, affect the evaluation of testimonial evidence. The study adopted a mixed approach, combining qualitative and quantitative methodologies with various methods to obtain a comprehensive understanding of the phenomenon. The findings revealed a series of challenges and contradictions in the implementation of virtual hearings. Based on this, it was concluded that it is essential to promote legal reforms that specifically regulate remote hearings in this area. These reforms must balance procedural efficiency with the protection of constitutional principles, ensuring that virtuality does not compromise the quality or fairness of the process.