Análisis de la garantía de la imparcialidad judicial en el procedimiento directo establecido en el Código Orgánico Integral Penal

The present curricular integration work titled “Analysis of the Guarantee of Judicial Impartiality in the Direct Procedure Established in the Comprehensive Organic Penal Code” focuses on unraveling the nature and application of the guarantee/principle of judicial impartiality in the direct criminal procedure. This procedure is characterized by making several guiding principles in criminal procedural matters effective, such as speed, concentration, and procedural economy. It is aimed at achieving a swift judgment by consolidating all stages of the process into a single hearing, proceeding exclusively in crimes classified as flagrante delicto, where the maximum custodial sentence does not exceed five years; and in crimes against property, where the amount does not exceed thirty unified basic salaries for the general worker. However, this procedure also assigns jurisdiction to the same judge to both qualify the flagrant crime and resolve the procedure, meaning that the same administrator of justice acquires an initial notion of the defendant's presumed guilt and then is the one to resolve the process. This curricular integration work contains a legal, doctrinal, and comparative law analysis of the direct criminal procedure, examining within it the guarantee of judicial impartiality that Constitution of Ecuador enshrines as part of the fundamental right to due process. The realization of this investigative work is supported by an effective methodology that has allowed achieving the set objectives, using the empirical collection technique, in which various perspectives have been obtained through surveys and interviews directed at legal professionals, which have been very useful in this research. Additionally, this technique made it possible to adopt a broader perspective on the investigated topic, providing timely results that contributed to the analytical complementation of the same. Similarly, various bibliographic sources and other study methods were used, endowing this curricular integration work with a solid and comprehensive structure.

• المؤلف الرئيسي: Rivera Chimbo, Dárlimber Javier (author)
• التنسيق: bachelorThesis
• اللغة: spa
• منشور في: 2025
• الموضوعات: DERECHO; COIP; IMPARCIALIDAD JUDICIAL; ECUADOR
• الوصول للمادة أونلاين: https://dspace.unl.edu.ec/jspui/handle/123456789/31870