Incongruencias del código de procedimiento penal respecto de la presunción de inocencia garantizada por la constitución de la república.

The presumption of innocence is a fundamental human right and a basic procedural guarantees recognized by international treaties and the laws of the world. The Constitution, which is in force, at least formally set out in this way: ¨En entire process where determined rights and obligations of any order, ensure the right to due process which will include the following basic guarantees: presumed innocent of any person and will be treated as such, while not declared their responsibility through firm resolve or enforceable judgment. that the presumption shall be without effect only when a sentence, which already is not possible, remedy declaring the guilt of such person to the trial criminal who has followed against the violation of them. The principle of presumption of innocence becomes apparent in the implementation of certain measures that in order to find those guilty of an offence not hesitate apply them, as it is the case of the arrests made police, brought many times by comments or complaints from people who were at the time of the infringement, they come without more evidence to arrest citizens who are accused for any offence and many of the times have been stigmatized reports made through the media without any scruples whatsoever presented them as criminals without further argument that the police report to the effect of. Already in the criminal process another contradiction between the criminal laws as to investigate the fact reported or the stage of instruction, they arrive to demand the suspect is given or imputed, or his counsel, to present evidence to prove his innocence. For these people, from the moment that initiates the process and noted a citizen as suspect is changed the presumption of innocence for the presumption of guilt; and therefore requires that by all means possible, legal or illegal, moral or immoral, deprived of freedom and impotent such citizens present exculpatory evidence to prove he is innocent. In these circumstances, this investigative work has been proposed as overarching goal "Be doctrinaire and legal study of the guarantees provided by due process in the Ecuadorian criminal law and as specific objectives: To determine legal inconsistencies existing in the Ecuadorian criminal law on the applicability of the principle of presumption of innocence; Establishing the legal and social implications arising from the breach of the principle of presumption of innocence in the Ecuadorian criminal proceedings"; and "Make a proposal for reform of the Ecuadorian criminal procedure code". The results of this research will be displayed on charts and statistical tables revealed and analyse the work done in field through the implementation of surveys and interviews respectively.

• 1. Verfasser: Sanmartín Toledo, Jorge (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2012
• Schlagworte: DERECHO; INCONGRUENCIAS; CÓDIGO DE PROCEDIMIENTO PENAL; PRESUNCIÓN DE INOCENCIA
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/20135