El derecho a la defensa de las partes procesales dentro del procedimiento directo ecuatoriano.

Abstract

The exercise of the right to defense within the substantiation of this special procedure, called the direct procedure, as provided for in article 640 of the Ecuadorian Penal Code, has been violated because there is no reasonable period for the procedural parties build their cases and obtain the elements that allow them, in the case of the Prosecutor, to accuse correctly; the accused, prepare his defense; and, the victim, seek comprehensive reparation for their violated rights. The present research work has the general objective of establishing a reform of article 640 of the Ecuadorian Penal Code, establishing a prudential period in the criminal investigation in Direct Procedure, so that all those who intervene in the process of the criminal judicial system can gather more evidence than they can find the truth, and they can correctly determine the responsibility or not, in the commission of an illegal act, and the tranquility of the victims, that their victimizers have been properly punished. The methodology has a qualitative approach that will allow observing the legal impact that the term of the criminal investigation has within the social conglomerate within the direct procedure and its incidence on the right to defense and the basic guarantees of due process, on the rules, the doctrine and jurisprudence, as well as knowing what the opinions of the criminal experts interviewed are, their opinions, details and recommendations on the issue raised. It is concluded that the reform of article 640 of the Ecuadorian Penal Code is necessary to guarantee the exercise of the right to defense, since by changing the term established to conduct the direct procedure with one that can be considered reasonable, they will obtain the elements of conviction to charge or discharge punctually, within an effective and efficient criminal investigation.