El fraude procesal en el sistema penal ecuatoriano.

Abstract

Criminal Law is not only a limit to the punitive power of the State, but it constitutes in itself a guarantee against all arbitrariness, therefore, the servers of the judicial system must be directed towards impartiality and the responsible management of Justice; If the current legal institutionality is used for, from the public sphere, to be biased for other purposes (obtaining profit), the public servant disregards the duty to administer justice, in favor of altering the facts or the state of the things to harm a person in his situation in front of justice and thereby benefit from his despair. In this case, we would be in the presence of acts of cruelty, based on procedural fraud and not only that, extortion from the abusive exercise of power. Within this study, some of the conditions in which this mode of obstruction of justice can occur are explored, in order to favor or harm some person (s) in a Preliminary Investigation and / or judicial process; its consequences or implications; as well as the rules and rights that are violated and affect the actions of the official who engages in such conduct.