Imposición de límites en la solicitud del archivo de la investigación previa.

Abstract

The background of this investigation is represented by the strengthening of the guarantees of the criminal process in relation to the principle of presumption of innocence, which requires comprehensive protection within the Ecuadorian legal system. Therefore, the problem of this investigation is that article 587 of the Organic Comprehensive Criminal Code does not require an exact and concrete limitation so that the criminal investigation is requested to file it, affecting the principle of presumption of innocence. For the description and solution of this problem the qualitative modality has been used within the methodology, which has been developed by the analysis of the doctrine, of the legal norms, of the consultation of experts of criminal procedural law and the assessment of a expert in this branch, in addition to the review of previous investigation files that demonstrate the reality of the problem. Among the main results of this investigation, it can be seen that article 587 of the aforementioned norm affects the principle of presumption of innocence, which coincides with the experts, the validator of the proposal and corroborated by the case analysis. The discussion provides that the principle of presumption of innocence is part of the guarantees of due process, which is inspired by human and fundamental rights and cannot be affected by procedural norms. Therefore, in this investigation it is concluded that the reform proposal to establish limits in the application of fiscal file is viable.