La cooperación eficaz en el proceso penal ecuatoriano: condiciones legales y procesales para su validez

The "Effective Cooperation" is a legal institution originated in the context of Premial Criminal Law, widely used in international criminal law, specifically in Europe, North America, and in recent years in South America to investigate complex and hierarchical criminal structures, for which is not new in this context, it is in Ecuador, which has allowed since 2014, to debate the need and relevance or not of the use of said institution by the State Attorney General's Office. The State Attorney General's Office is the body that directs the pre-trial investigation (preliminary investigation) and criminal proceedings (prosecution instruction), so it would be up to this body to establish what investigative techniques it uses to gather elements of conviction? and/or the procedural moment to trigger or activate the Effective Cooperation as a especial investigation technique, based on this discretion as a procedural principle, what should be the role of the judge of criminal guarantees and of the victim or the aggrieved?, and when? Is it necessary to go to an investigator (suspect - defendant - defendant - criminal) to dismantle the criminal network to which he belongs and judge his former partners in crime? even if this means sacrificing all or part of the punishment that would orrespond to that defendant, granting benefits.

• Váldodahkki: Medina Pullas, Marlon René (author)
• Materiálatiipa: article
• Almmustuhtton: 2022
• Fáttát: Derecho Penal Premial; Autoincriminación; Delación; Beneficios; Presunción de inocencia
• Liŋkkat: http://repositorio.iaen.edu.ec/handle/24000/6565