La inconstitucionalidad del procedimiento abreviado en el Código Orgánico Integral Penal.

Abstract

The abbreviated procedure is a special process of criminal law, which is set out in the Comprehensive Criminal Organic Code, of the current legislation, which is applicable to offenses punishable by deprivation of liberty for up to ten years, and consists of a negotiation where The prosecutor, the accused and his defense intervene, to exchange a confession of the facts imputed by the punitive organ and a reduction of one third of the prison sentence. The procedure is reduced to a single hearing before a first level judge, whose task is to execute the decision of the parties and observe that the requirements demanded by the process are met, but do not decide on the process itself, omitting the entire stage of judgment, basing the case on the confession of the accused, without the previous analysis of the evidence that the parties may have collected in the investigation of the process, that is why this research seeks to highlight applying historical methods - logical, descriptive, doctrinal legal systematization and legal logic; certain constitutional aspects such as the right to due process, by reducing an entire criminal proceeding to an audience in which the reproduction of the evidence is obsolete and contrary to the constitutional budget that indicates that everyone can be convicted, provided that their guilt is proven with evidence duly obtained in accordance with the current regulatory framework, a study that does not take place in this proceeding, due to the suppression of the trial stage, the prohibition of self-incrimination is questioned because the only evidence on which the possibility of conviction is based This procedure is an admission of guilt of the accused, being contrary to this budget because you cannot take as evidence the confession without there being evidence to support it and the presumption of innocence from the moment you request the submission of this process the presumption ceases to exist. The application of this process has several controversial aspects in relation to constitutional budgets.