A video can be key in the identification of causes and responsible in a judicial investigation of a traffic accident, a robbery or murder, for example.
Prosecutor René Astudillo states that the exception of article178 of the Integral Criminal Organic Code (COIP) allows citizens.
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“Subsection two of the article establishes under what conditions the video becomes an element of public interest.Why?Because there is a traffic accident, a crime, etc..”Explains the prosecutor of the Traffic Unit of the Guayas Prosecutor's Office.
"Art.178.- Violation of intimacy.- The person who, without counting on consent or legal authorization, access, intercept, examine, retain, record, reproduce, disseminate or publish personal data, data messages, voice, audio and video, postal objects, information contained in supportsComputer, private or reserved communications of another person by any means, will be sanctioned with imprisonment of one to three years.
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These rules are not applicable to the person who disseminates audio and video recordings in which he intervenes personally, or when it comes to public information in accordance with the provisions of the law ”, reads in the crime section against the right to the right to the right to thePersonal and family intimacy of COIP.
This public information can be interpreted as the facts related to traffic accidents that, in many cases, cause injuries or deaths.
“We in flagrance value all the elements, the witnesses, videos, to make a decision in front of a judge within the flagrance (which lasts 24 hours).Then a criminal process begins, in the instructional stage, ”says the prosecutor.
The videos can come from private devices, such as the cameras that are installed in vehicles, business or houses, or from the public video surveillance infrastructure in the country, such as the Oguila Ejila System, of the municipality of Guayaquil, which operates coordinatelyWith the Integrated Security System ECU911.
Last week, the prosecution met the case of a driver of a truck involved in a traffic accident, in which a motorcyclist lost a leg.Astudillo comments that the video helped clarify what happened and support the decision to consider an alternative of preventive detention.
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The incident occurred on the road to Daule, in the sector of the prison complex of Guayaquil.According to the video, reported by the prosecutor, the motorized tried to advance in the middle of the vehicles, but hit the rearview mirrors and fell to the road, where he was crushed by the truck tire.
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"The family was outraged.I asked for prison, but the video served to make a fair decision.Of course, human expertise, DNA experts.And that helped us to make the decision at the flagrance hearing, ”says the prosecutor.
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In order for a video to be considered as an indication in the prior investigation phase or in the instructional stage it must be analyzed in an audio, video and related expertise, requested by the prosecutor on duty, who performs an expert accredited by the Councilof the judiciary.
“The time to analyze the video will depend on several factors, such as video quality, sharpness.About six, ten, fifteen days.Each case is different.If they are extractions of voices, it takes more, because you must hear and transcribe.Open source programs are used to review the images, ”explains José Neira, Master in Criminalistics and Forensic Sciences.
The expert recommends citizens to install more than one camera in their vehicles, as a preventive measure, either by possible traffic accidents or criminal events.
“The cameras must be of good quality, which provide sharpness, a good resolution.Ideally, these cameras also have infrared light so that they operate well at night, ”says the specialist, who adds that a camera must capture a panoramic view from the car's cabin and a second device must specifically record a point, such as theArea where the plate of vehicles that are positioned in front would be divided.
Anthony Cuzco, 33, acquired a Dashcam a few weeks ago, as the cameras on board are known, subject to the interior windshield of the vehicle by means of a suction cup or an adhesive tape, to have the backup video before a possible accident,Above all, he says, for the reckless form with which they conduct buse drivers of public transportation.
“What is seen daily is that buses are lived suddenly.The videos go to the cloud and I can export them at any time, ”says the citizen who acquired the device on a recent trip to the United States.
In the local market there is also a wide variety of those cameras.In commercial premises of the city center and in the Facebook store, devices prices vary between $ 10 and $ 100.Its cost depends on the size and benefits.For example, in one of the digital notices, a three cameras kit with high -definition video recording for about $ 32 is offered.
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The specialists recommend those who plan to buy such devices that request a test from the seller to verify that they will receive a product with the characteristics that consist of brochures, boxes and advertising.(YO)