Análisis de la confidencialidad judicial en la eficacia de investigaciones sobre crimen organizado en Ecuador

Abstract

The study addressed the effectiveness of judicial reserve in organized crime investigations in Ecuador. The main objective was to analyze the impact of judicial reserve on the success of criminal prosecutions, considering legal implications and rights of those investigated from a comparative law perspective. The methodology combined qualitative and quantitative approaches. Interviews were used with experts in Criminal, Procedural and Constitutional Law, and surveys with lawyers, law students and the public. In addition, a documentary analysis of legal regulations and relevant literature was carried out. The results showed that judicial confidentiality is perceived as necessary to prevent the leak of information and ensure the success of criminal investigations. The majority of respondents considered that it does not affect the rights of suspects and highlighted the need to balance confidentiality and transparency. Challenges were identified such as the risk of escape of those investigated and the need for precautionary measures. The conclusions highlighted the importance of judicial confidentiality for the success of investigations, but recommended legislative reforms to clarify its application and protect fundamental rights. It was suggested to adopt best practices from other jurisdictions and establish more rigorous judicial oversight mechanisms. The study constitutes a significant contribution to the debate on judicial reserve, proposing a balance between investigative effectiveness and protection of rights in the Ecuadorian context.

Keywords: Judicial secrecy, Successful processes, Procedural transparency, Structured crime, Terrorist acts.