El procedimiento abreviado en el sistema acusatorio ecuatoriano.
The Abbreviated Procedure is mainly characterized by the fact that the defendant must accept his criminal responsibility, in exchange he will obtain a reduction in his sentence, but the problem arises because it would be contravening the principle of innocence and the principle of the prohibition of...
Sábháilte in:
| Príomhchruthaitheoir: | |
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| Formáid: | bachelorThesis |
| Teanga: | spa |
| Foilsithe / Cruthaithe: |
2022
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| Ábhair: | |
| Rochtain ar líne: | https://dspace.ueb.edu.ec/handle/123456789/4556 |
| Clibeanna: |
Cuir clib leis
Níl clibeanna ann, Bí ar an gcéad duine le clib a chur leis an taifead seo!
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Cuir clib leis | Achoimre: | The Abbreviated Procedure is mainly characterized by the fact that the defendant must accept his criminal responsibility, in exchange he will obtain a reduction in his sentence, but the problem arises because it would be contravening the principle of innocence and the principle of the prohibition of self-incrimination, which is why a doctrinal legal research on the abbreviated procedure in the Ecuadorian accusatory system, with which it has been possible to determine that the procedure violates the constitutional rights and principles of the accused by consenting to its application. For the development of the work as methodology was used; the quantitative method since there is statistical information regarding the investigative problem, on the other hand the qualitative method, the same one that allowed the study of the legal phenomenon regarding the violation of the rights and principles of the accused; As types of research, the descriptive one was used, which allowed to show that the abbreviated procedure affects the principle of innocence and the prohibition of self-incrimination, the inductive type allowed the understanding of the causes and circumstances for self-incrimination, while the deductive type allowed the understanding of the procedure. abbreviated in the accusatory procedural system; As techniques, the survey carried out with Public Defenders and Lawyers in free exercise, and the interview with the Judges of the Criminal Judicial Unit of the Guaranda Canton of the Bolívar Province were used. The results obtained in the investigation are established, which are duly interpreted in the investigative project, making it known that in our criminal legislation the abbreviated procedure violates the rights and principles of the accused, since the legislator developed this procedure in the criminal norm in order to obtain a quick procedure that manages to resolve conflicts effectively, but there are several questions about its application since, in part, to submit to it, material responsibility for the crime must be assumed. |
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