Juicio en ausencia del procesado en los delitos imprescriptibles frente a las Garantías Constitucionales.

The technical defense carried out by public or private lawyers in the trial in the absence of the defendant, consists of the action of the defenders aimed to the protect of the rights and guarantees that the Constitution of the Republic of Ecuador grants to all citizens, as a general rule this defense is mandatory in all civil, criminal, family, administrative litigation, among others, so that in relation to defense in criminal matters, the State grants the guarantee to the parties to obtain a public lawyer when they do not have economic resources or when a trial is taking place in the absence of the . According to the eighth, ninth and tenth paragraphs of the Consideration of the Organic Penal Code, it is determined that there are ten imprescriptible crimes that are: genocide, crimes against humanity, war crimes, enforced disappearance of a person, aggression against a State, environmental damage, embezzlement, bribery, concussion, and illicit enrichment; of these crimes, the trial in the absence of the defendant operates in the last four imprescriptible crimes, this is where it is empowered to be judged without his presence, as determined by Article 233 of the Constitution of the Republic of Ecuador in accordance with Art. 16 no. 4 and Art. 610 of the Integral Penal Organic Code, for this reason, the assembly members proposed this type of exception in order not to leave these crimes unpunished, since they cause social commotion and great damage to public funds of the State.

• Hovedforfatter: Bonilla Escudero, Verónica Nathali (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2018
• Fag: Delitos imprestiptibles; Defensa; Garantías; Juicios
• Online adgang: http://dspace.unach.edu.ec/handle/51000/5167