Sistema de resolución de conflictos con observancia de la audiencia de calificación de flagrancia y su incidencia en el procedimiento directo en delitos de tránsito.

Abstract

In flagrant hearings on traffic infractions, an approach is made to the protected rights on the presumption of innocence; the right to defense and impartiality of the judge within 24 hours of the arrest, from the beginning to the Direct Procedure, the prosecution makes charges, once the opinion has been delivered at the Fragrance Qualification Hearing in the maximum term of ten days, given that this opinion is equivalent to predetermine a suspect in guilty, whose incidence has an enormous impact on the impartiality of the judge in the Direct Procedure because the same judge of flagrancy issues a decision. This research proposes amendments to the reform of Arts. 527, 529 and 640 of the COIP; first through the preparation of a preliminary bill that allows reforming the 24-hour period of the qualification of the flagrant apprehension and in the Direct Procedure ten days for the direct trial hearing in the trial of this action and is not the same judge who qualifies and judges flagrant crimes; second, to request that the Constitutional Court of Ecuador declare the terms of the flagrant apprehension and Direct Procedure unconstitutional; that in the direct trial hearing, be the same judge that qualified, judge flagrant crimes for violating protected rights; third that the Judicial Council, equates the logistics of the Office of the Prosecutor with the Public Defender's Office in physical and financial infrastructure.