Videos of traffic accidents circulate on social networks. These pieces could play a key role in judicial investigations, according to experts.
A video can be key in identifying the causes and those responsible in a judicial investigation of a traffic accident, robbery or murder, for example.
Prosecutor René Astudillo points out that the exception of article 178 of the Comprehensive Organic Criminal Code (COIP) allows citizens to record an audio and video of their environment and justice operators to consult the audiovisual material in cases where it is necessary to delve into the facts .
“Paragraph 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 privacy.- The person who, without having the consent or legal authorization, accesses, intercepts, examines, retains, records, reproduces, disseminates or publishes personal data, data messages, voice, audio and video , postal objects, information contained in computer media, private or reserved communications of another person by any means, will be punished with imprisonment of one to three years.
These rules are not applicable for the person who discloses audio and video recordings in which he personally intervenes, or when it comes to public information in accordance with the provisions of the law ”, it reads in the section of Crimes against the right to personal and family privacy, of the COIP.
This public information can be interpreted as the facts related to traffic accidents that, in many cases, cause injuries or deaths.
“We in flagrante delicto we value all the elements, the witnesses, videos, to make a decision in front of a judge within the flagrante delicto (which lasts 24 hours). Then a criminal proceeding begins, at the investigation stage, ”the prosecutor details.
The videos can come from private devices, such as cameras that are installed in vehicles, businesses or houses, or from the public video surveillance infrastructure in the country, such as the Ojos de Águila system, of the Municipality of Guayaquil, which operates in coordination. with the Integrated Security System ECU911.
Last week, the Prosecutor’s Office learned of the case of a truck driver 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 to preventive detention.
The incident occurred on the road to Daule, in the sector of the Guayaquil prison complex. According to the video, reported by the prosecutor, the motorist tried to advance in the middle of the vehicles, but hit the rear-view mirror of a car and fell to the road, where he was crushed by the tire of the truck.
“The family was outraged. He asked for prison, but the video served to make a fair decision. Of course, they are going to ask for human skills, DNA skills. And that helped us to make the decision at the flagrante delicto hearing, ”says the prosecutor.
Two dead and four injured in traffic accidents registered in Chimborazo and Esmeraldas
For a video to be considered as an indication in the preliminary investigation phase or in the investigation stage, it must be analyzed in an audio, video and related expertise, requested by the prosecutor on duty, which is carried out by an expert accredited by the Council. of the Judiciary.
“The time it takes to analyze the video will depend on several factors, such as the quality of the video, the sharpness. About six, ten, fifteen days. Each case is different. If they are extractions of voices it takes longer, because it must be listened to and transcribed. Open source programs are used to review the images ”, explains José Neira, Master in Criminalistics and Forensic Sciences.
The expert recommends that citizens install more than one camera in their vehicles, as a preventive measure, either for possible traffic accidents or criminal events.
“The cameras must be of good quality, that provide sharpness, a good resolution. Ideally, these cameras should also have infrared light so that they operate well at night, ”explains the specialist, who adds that a camera should capture a panoramic view from the car cabin and a second device should specifically record a point, such as the area where you would see the license plate of the vehicles that are positioned in front.
Anthony Cuzco, 33, acquired a few weeks ago a dashcam, as the on-board cameras are known, attached to the interior windshield of the vehicle by means of a suction cup or an adhesive tape, to have the backup video in the event of a possible accident, especially, he says, by the reckless way with which they drive public transportation bus drivers.
“What you see on a daily basis is that buses are suddenly crossing. The videos go to the cloud and I can export them at any time ”, comments the citizen who acquired the device on a recent trip to the United States.
In the local market there is also a great variety of such cameras. In commercial premises in the city center and in the Facebook store, the prices of the devices vary between $ 10 and $ 100. Their cost depends on the size and features. For example, in one of the digital ads, a three-camera kit with high-definition video recording is offered for about $ 32.
Two motorcyclists died after collision on the northern Manabí highway
The specialists recommend to those who plan to buy this type of device that they request a test from the seller to verify that they will receive a product with the characteristics that appear in the brochures, boxes and advertising. (I)
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