El procedimiento especial abreviado y los derechos de la víctima frente a la negociación de la pena privativa de libertad.

Abstract

The Constitution of the Republic of Ecuador has defined that the victims of the criminal offense have the right to special protection. The abbreviated special procedure is mainly guarantee to the person processed and not to the victim of the unjust criminal, the present research work has as general objective to deliver a document of critical legal analysis, on the active role that the victim must have, from the moment in which the prosecutor idealizes the offer of application of the special procedure abbreviated to the defendant's defense, it is thus that the legal research was carried out using the methodology of qualitative type and its applied methods are Deductive-Inductive, Analytical, Systemic - Structural - Functional and Comparative Law so that through its analysis and synthesis they allow to arrive at clear conclusions that within the special abbreviated procedure the rights of the victim against the negotiation of the custodial sentence are excluded due to their non-consideration and participation in the procedural tool, which has resulted in the proposal a raised in this research work is consistent and necessary by requiring the reform of the Comprehensive Criminal Organic Code in its articles 635 and 637 in which a new rule must be included that defines that the victim must consent to the application of the special abbreviated procedure, must participate be directly or through their technical defense in the negotiation of the integral reparation as a point prior to the negotiation of the custodial sentence.