Analysis of the alleged violation of the principle of impartiality in expert reports on traffic offenses

Abstract

The research was based on the main objective and analyzed the violation of impartiality as a right, through the study of current Ecuadorian regulations, addressing the impact on the process caused by the submission of expert reports prepared by the Specialized System of Investigation, Forensic Medicine, and Forensic Sciences (SEIIMLCF). A qualitative, documentary methodology was applied, using doctrinal sources, specialized articles, national and international legislation, as well as the analysis of prosecutorial case files related to traffic accidents, reflected in expert reports at the national level. Accordingly, an interpretation was carried out within the Ecuadorian legal context and the existing regulatory frameworks in force in the country. It was concluded that the prosecutor’s decision to submit only expert reports prepared by professionals belonging to the SEIIMLCF, while disregarding third-party reports, places the investigated individual in a state of defenselessness. This deprives the defendant of the possibility to demonstrate their innocence, thereby violating constitutional rights such as effective judicial protection, the right to defense, and due process. There also exists a prolonged time gap between the occurrence of the traffic incident and the performance of expert examinations—such as the scene inspection—which prevents a precise and accurate investigation, since in many cases, the evidence disappears during this lapse of time, making it impossible to preserve the scene of the investigated traffic accident.