Estándares de prueba en el procedimiento administrativo sancionador ecuatoriano

Gaona Reyes, Jessica Paola
This paper seeks to expose the positions that have been adopted for the establishment of the standard of evidence in administrative sanctioning matters, which have started from the relationships that exist, autonomy or total or partial dependence “with nuances”, between criminal and administrative law sanctioner, and thus, reflect on whether to share criminal legal principles corresponds to apply to this matter the standard of evidence used in criminal matters, or if on the contrary, the analysis should be carried out based on the severity of the legal consequences of sanctions, since the more serious the legal consequences, the greater the danger that the damage caused by the sanctions exceeds the benefit derived from them, and therefore, the more guarantees are required to avoid it. From the latter, it is concluded that the principle of presumption of innocence is not diminished by the fact that the configuration of due process has a differentiated treatment depending on the seriousness of the legal consequences, and by establishing a threshold of evidentiary sufficiency that differs of the prision ​
This document is licensed under a Creative Commons:Attribution - Non commercial - No Derivate Works (by-nc-nd) Creative Commons by-nc-nd4.0