La inaplicabilidad de la suspensión condicional de la pena en sentencias de procedimiento abreviado.

Abstract

This investigation is motivated by trying to consolidate the principles of legality and legal certainty in the criminal procedure field, as well as establishing greater foundations of respect for the agreements between the parties within the respective criminal cases. Consequently, the problem of the investigation represents that the conditional suspension of the sentence in favor of prosecuted persons sentenced by abbreviated procedure implies a situation of double favorability as expressed by the National Court of Justice of Ecuador. In this context, the development of this research has been carried out through the qualitative modality, which is based on the study of doctrine, norms of national and international law, as well as the opinion of experts in criminal procedural law and review of criminal proceedings. As the main result of this investigation, it is specified that the proposal for the reform of article 630 of the Organic Comprehensive Criminal Code is viable so as not to apply conditional suspension of the sentence in a shortened sentence. In the same way, the section of the discussion reflects that the conditional suspension of the sentence of those sentenced by abbreviated procedure obeys to a discretion in the interpretation of the penal norms where extensive interpretation cannot be resorted to. Finally, the investigation concludes that the problem that it evidences is the disrespect for the agreements in criminal matters, the principle of legality and legal security as part of the rule of law in the Ecuadorian community.