El principio de objetividad en la investigación fiscal y sus efectos jurídicos

ABSTRACT: The present research work summarizes the principle of objectivity in fiscal investigation and its legal effects, as one of the pretrial principles stipulated in Article 5 of the Comprehensive Organic Penal Code, an attribution that adheres to the actions of the public prosecutor, as through their actions, the clarification of facts or, if necessary, the violation of constitutional rights and principles would be addressed, in other words, achieving true justice. Furthermore, it is important to indicate that the function of the prosecutor is not simply to accuse, but rather to focus on the search for the truth of a criminal act. Therefore, the objective of this investigation has been to determine the legal effects produced by the correct or incorrect application of this principle to pretrial subjects. The research methodology adopted is documentary-bibliographic, field, and descriptive. Additionally, as a research technique, surveys were conducted directed at prosecutors, judges, and public defenders who perform their functions within the Riobamba Canton. This led to the conclusion that indeed a lack of application of this principle entails a series of effects within the judicial system, as it would reflect legal insecurity, as well as a violation of due process where different rights inherent to human beings are compromised.

• Main Author: Ilbay Valdez., Marlon Santiago (author)
• Format: bachelorThesis
• Language: spa
• Published: 2024
• Subjects: Principios; objetividad; efectos jurídicos; debido proceso
• Online Access: http://dspace.unach.edu.ec/handle/51000/13038