Violación al debido proceso en el procedimiento abreviado.

Abstract

Background: The abbreviated procedure is one of the special procedures established in the Organic Comprehensive Criminal Code, in article 635. Among its requirements, the defendant must consent to the application of the procedure and the admission of the fact attributed to it. This has generated discussions about the collision of constitutional rights that this requirement represents, due to the constitutionally established prohibition of selfincrimination. The main objective of this investigation is to study the procedural rules that regulate the abbreviated procedure and the constitutional tensions that they generate. On the one hand, for the violation of the principle to the prohibition of self-incrimination, and on the other, for the reduction of the time limit to benefit from this procedure. The methodology of this work has a qualitative approach that is based on the documentary analysis, the bibliography review. Among other techniques, interviews with prosecutors and the case study of resolution 09-2018 of the National Court of Justice are used. Among other things, the results show that the analysis perspective of the prosecutors and the National Court of Justice on the abbreviated procedure rests on a functional logic to the administration of justice rather than on the rights of the persons prosecuted. Therefore, its argument focuses on efficiency, simplification and procedural economy, without problematizing the effect on the rights of the accused. Accordingly, the proposal is to reform article 635 to harmonize criminal procedural rules with constitutional principles.