Constitutional guarantees in domestic violence. Exclusion of medical technical expert evidence at the hearing

Abstract

Intrafamily violence constitutes one of the most serious and complex social problems in Ecuador, with profound implications for the physical, emotional, and psychological health of the victims. In this context, the judicial system has the responsibility to ensure effective protection and respect for fundamental rights throughout the criminal proceedings. Forensic medical expert evidence is particularly relevant in cases of intrafamily violence, as it provides scientific elements that objectively corroborate the reported facts. However, its assessment has generated legal controversies, especially when the expert does not appear in person at the hearing. This article analyzes, from a constitutional and jurisprudential perspective, the validity of forensic medical expert evidence submitted without the expert’s physical presence, using as a central reference Ruling No. 2504-16-EP/21 issued by the Constitutional Court of Ecuador. This ruling establishes that, within the framework of the expedited procedure provided for intrafamily violence cases, the inclusion of expert reports without in-person ratification does not violate the right to due process, provided there is adequate judicial reasoning and essential procedural guarantees are upheld. The study concludes that procedural speed should not entail automated or uncritical evaluation of evidence and emphasizes the need for judges to exercise thorough and reasoned control. It also proposes structural reforms aimed at strengthening a justice system with a gender-sensitive approach, ensuring the comprehensive protection of victims, and restoring public trust in the judiciary, in accordance with international human rights standards.