La acusación particular en el sistema acusatorio penal ecuatoriano vigente con relación a los derechos de la víctima y la garantía adversarial del acusado.

This paper presents a doctrinal and jurisprudential development about the private accusation within the Ecuadorian criminal accusatory system in force in relation to the rights of the victim and the guarantee of the adversarial system of the principle of contradiction of the accused and/or victimizer; having as a point of focus, the analysis of the problem of the formalization of the private accusation that, in strictu sensu, has become - according to the cited jurisprudence - another formality, where there should no longer be a need for the act of recognition of the ratification of the accusation since the Organic Integral Penal Code, imperatively orders that the victim can participate in the whole process without the need for its presentation and formalization; originating other related problems: the continuous consultations of norms where even the Constitutional Court has had to develop artificially. The methodology used is the legal logical deduction by antonomasia; the qualitative scientific observation and the bibliographic research as techniques. As conclusions of the work it was possible to obtain that the private accusation is part of the paradigm of the legal guarantee in the spectrum of the protection of the victim since it is superimposed to the principle of the preclusion of the acts and, being so, a reform of the formalization of the private accusation would help to clear all the formality that currently happens.

• Hlavní autor: Rojas Obando, Gabriela Katherine (author)
• Médium: masterThesis
• Jazyk: spa
• Vydáno: 2022
• Témata: ACUSACIÓN PARTICULAR; SISTEMA ACUSATORIO PENAL; DERECHOS; VÍCTIMA; GARANTÍA; ADVERSARIAL; DERECHO PROCESAL PENAL.
• On-line přístup: https://dspace.ueb.edu.ec/handle/123456789/4609