The order that finds out how to conclude a criminal procedure
Introduction
In this research work we will study the abbreviated procedure, which means, what is its purpose, its rules and everything that makes up said procedure. The abbreviated procedure is an order that finds out how to completely conclude with the criminal procedure, since the Integral Criminal Organic Code is made up of different types of procedures which are, the ordinary procedure, direct procedure, abbreviated procedure and the exercise of private action,It is considered as an alternative process registered in the Magna Carta, the Constitution of the Republic of Ecuador
Developing
This procedure aims for the prosecuted person to have the possibility through an alliance with the Prosecutorattenuated different from what the criminal type collects.
There is a big difference between the COIP and the Constitution for this procedure and the rights that are implanted in the Magna Carta. I will take the daring to quote Darío Jorqué, who in his work abbreviated and suspension of trial to the trial, evidence that in this type of procedure there is an agreement between the prosecutor and the defendant, through which the defendant admits the factual factsof the accusation, in exchange for which the representative of the Prosecutor’s Office moves a minimum penalty as a sanction.
Already with the mentioned concept we can determine that the abbreviated procedure aims to finish the criminal process in a diligent way. This type of procedure is stipulated in article 634 of the Integral Criminal Organic Code where we can visualize that it is the cusp of special procedures.
Jorge Zavala Baquerizo manifests the abbreviated procedure appears of the first sketches of shortening the action of those offended by the commission of a crime in search of the repair of the damage, reducing the controversy to a negotiation between the offender and the offender, the negotiation, fromThe beginning is direct between one and the other and which is then socially when the business of my reference was sacramented by the community through what we could call a judge today.
These types of procedures correspond to the new tendencies of procedural law, which proposes to reduce the punitive violence of the State, analyzing the corresponding rights of the victim and the victimizer, consenting to improve the justice administration system, since it decreases the work of theprosecutors, courts and courts, but also decreases the prison population.
The abbreviated procedure, again taking the Integral Criminal Code, in article 335 is composed of rules and this mentions these rules.
Knowing all this about the abbreviated procedure and the existing difference of COIP and the Constitution, several unknowns arise and what happens to the rights that are violated?, What happens to the presumption of innocence?
Well, in article 76 numeral 2 the Constitution of the Republic of Ecuador.
To which you want to reach this, despite the fact that the defendant accepts his participation in said action that led him to be in that situation, does not mean that it is guilty, since the final or executed sentence is not reached, therefore, therefore,The presumption of innocence is still intact, since the only thing that undoes the presumption of innocence is the executed sentence.
This procedure can make makeup in the best way to want to quickly end the event, but this is where the rights of the accused are violated, however, he goes to him in order to evade the accusatory stage.
As well as article 76 of the Constitution, we find a number of rights that are violated when opting for the fastest exit that in this case would be the abbreviated procedure, in article 5 numeral 4 of the Constitution which indicatesThat every person enjoys a status of innocence, in article 75 that we find the right to effective protection, in article 76 numeral 7 that establishes the total right to defense, we continue with article 168 numeral 6 that establishes the principle ofcontradiction, which governs all processes.
conclusion
This investigation about the abbreviated procedure counts as a basis to be able to carry it out and determine what are the rights that have been violated during the procedure already mentioned, the qualitative methodology was used, since surveys were investigated and surveys of professionals totally delivered to the subjectand to the law, also applying the deductive, inductive and analytical methods, to carry out this investigation the surveys were used. This qualitative methodology is defined as research that generates descriptive data such as people’s words, whether taken orally or written together with observable behavior.
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