Análisis del procedimiento abreviado en la legislación penal Ecuatoriana en lo concerniente al trámite, audiencia y resolución

Ecuador being a constitutional rule of law and justice, is also called a social state of law, which implies a positive obligation to intervene to generate welfare for citizens; and it is from the resounding affirmation of the supremacy of the Constitution over all the rules of law, which is set in a reconstruction of the entire legal system, in which fundamental rights become the central axis, and issuing its effects on all other rules and legal institutions. As clearly states the relevant legal standard, no one can be punished but through an executory judgment after the facts have been tested and declared the responsibility of the accused in a substantiated trial in accordance with the principles established in the Constitution of the Republic, international instruments the protection of human rights, and in strict observance of the guarantees provided for people and the rights of the accused and victims. In recent decades, Ecuador has undergone profound economic, social and political transformations. The Constitution of 2008, approved at the polls, imposes cannot be postponed and urgent obligations as revision of the legal system to meet the imperative of justice, why it was necessary to set up a comprehensive legal body called the Organic Code Integral Criminal, the same as it has been published in the Official Gazette Supplement 180 of 10 February 2014 and entered into force on 10 August the same year. Title VIII of the Code Integral Penal, which refers to special procedures, specifically in Article 635 refers to the summary procedure, which states some rules to substantiate this procedure, it is necessary that the defendant voluntarily admitted guilt in the fact that attached to it and that it is a crime or attempted to be planning a prison sentence of up to ten years, being competent the Court of Criminal Guarantees. The point of this procedure is that articles concerning the procedure, hearing and decision of summary procedure, there is a gap because a person is not established how many times can be a beneficiary of this special procedure, in which crimes can apply, it would be desirable to establish some reform to incorporate a clause in Art. 635 of the Code of Criminal Integral, without affecting the rights and guarantees we have all the people according to what our Constitution says. Then in the search for new procedures for conflict resolution in the criminal system, were created as alternative outlets, "the conditional suspension of proceedings" currently eliminated by the Code of Criminal Integral; and the last one called "accelerated procedure", which had different requirements in the repealed criminal procedure, as currently can be applied to a larger number of crimes; being achieved get with the short, in the first months of its implementation, a greater number of sentences, but not in practice reached down statistical indices causes dammed and unresolved, with the country still maintained the prison overcrowding untried prisoners, finding statistically well below the Latin American average. These first tools facilitated the quality response through an oral, fast and effective procedure, giving the criminal conflict a different solution to the traditional, in crimes low penalty that is usually resolved in the first hearings, before the judges of criminal law; and the latter are methods of procedural simplification, whose main objective is to sentence non-serious cases through a flexible and economical process, to save human and material resources to the criminal justice system, providing a timely response to the victim. Notes the doctrine that the substantive and procedural criminal part, must be characterized by the presence of a range of fundamental principles and rights, limiting the punitive power of the State, must act and concentrate all its resources, material and human, in cases of violent attacks on the most important legal rights such as life, personal integrity, sexual freedom, among others; without detracting from the minor or little social relevance, although it is claimed that the robbery cell individually, did not represent greater social impact, but the sum of all robberies cell, if they cause social alarm. It motivates me to conduct a thorough study on the subject of the procedure ShortCut included in the Criminal Comprehensive Organic Code that is in full effect, given that the rules that regulate it lacks some basic conditions, which, in my opinion, disadvantage and jeopardizes the rights of citizens who have undergone this procedure and that certainly contrasts badly with our tradition of democratic country, respectful of civil liberties and human rights.

• Autor principal: Lupe Magaly, Morales Muñoz (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2017
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/19281