La falta de etapa intermedia en los delitos de tránsito como causa de vulneración a la inocencia y otros principios del debido proceso penal

The National Constituent Assembly drafted the Constitution currently in force, the same is approved by referendum on 28 October 2008 and published in Official Register No. 449 of October 20 of the same year, in this constitution that is considered as the most advanced and guarantor of rights in Latin America, establishing among other rights the protection of individuals. One of the major changes that occur with the entry into force of the Constitution of Montecristi is the introduction to the system of administration of justice in oral adversarial system in all processes, Art. 168 paragraph 6 of the Constitution of the Republic of Ecuador provides that the conduct of the processes in all subjects, levels, steps and proceedings will be conducted by the oral system in accordance with the principles of concentration, and device contradiction; current penal code establishes the procedure called oral adversarial system, in conclusion the Constitution contains the rules that makes effective oral adversarial system in the country. An awareness of the characteristics of the current regulations in the country including the most senior is our Constitution will quote the art instead. 168 of the Organic Law on Land Transport, Traffic and Road Safety Art. 168. (Refurbished by Art. 85 of Law s / n, RO 415-S, 29-III-2011) .- When the prosecutor fails to take indict the accused, the judge may consult the District Public Prosecutor if it revokes the opinion of the lower, appoint another prosecutor to intervene in the trial stage, if ratifies the opinion of the bottom, the judge shall file the case under the Code of Criminal Procedure. If the tax opinion regardless adversarial Traffic Judge, within ten days from the date of notification, specify the day and time to occur oral public trial hearing, to be installed within a period not less than three days nor more than following your call ten days. Article aforementioned theme of this thesis is clear, on the grounds that the absence of an intermediate stage itself attentive due process, goes against constitutional rights such as the presumption of innocence, just as it is not observed independence and impartiality that should exist with the judge hearing the case, deprives the defendant of the right to defense, destroys the logical conclusion of the oral adversarial system. As can be seen the art. 168 of LTTTSV is a peremptory norm, ie binding and clearly rests with the prosecutor calling or judgment, ie leaves almost no right to defense. Taking this background as a starting point, this paper provides a thorough study of the rules related to the topic, detailing the related concepts, further documentary research, field and literature is performed to arrive at the finding of the assertions. Once developed the same we have been able to determine that the oral adversarial system implemented in our country constitutionally guarantor is clearly defined in three stages: preliminary investigation, trial and intermediate stage. But in terms of prosecution of traffic offenses there is no intermediate stage, surveys and interviews see that this violates the lack of due process and constitutional principles. Once those checks and obtaining the corresponding livelihoods we will allow to propose legal reform to Article 168 of the Organic Law of Land Transport, Traffic and Road Safety (LOTTTSV) in order to improve and ensure respect for due process in the prosecution for violations of traffic thus legal certainty and justice is guaranteed

• Hoofdauteur: Muñoz Morocho, Wilson Geovanny (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2015
• Onderwerpen: LA FALTA DE ETAPA INTERMEDIA EN LOS DELITOS DE TRÁNSITO; LA INFRACCIÓN; LA CONTRAVENCIÓN; LA COMPETENCIA
• Online toegang: http://dspace.unl.edu.ec/jspui/handle/123456789/8576