Neutrosophic Cognitive Map for the evaluation of the exclusion of evidence in the Ecuadorian Criminal Procedure

Abstract

Criminal science has an unavoidable priority for any global society, because its absence threatens the durability of order and the protection of safeguarded legal assets. In this line, there arises the imperative need to conduct a study on the exclusion of evidence in criminal proceedings, when it is obtained or practiced in an illegal or illicit manner, that is, infringing supranational, constitutional and legal regulations of a given State. The development of the criminal process must comply with due process in all its legal extension, in order to guarantee the right to defense, effective judicial protection and legal security to materialize a correct administration of justice. This research describes a solution to the problem raised by developing a method using a Neutrosophic Cognitive Map for the evaluation of the exclusion of evidence in the Ecuadorian criminal process. In the specific case, the legal problem that was raised is related to the evidence obtained or practiced in clear violation of legal regulations, as well as criminal science in general; In this context, the evidence will be excluded from the judicial process by the judge, without having the possibility of admitting it or evaluating it according to the procedural moment.