El debido proceso en el derecho penal, conexo al procedimiento directo.

Abstract

The object of study of this work is the study of the criminal process based on the innovation created by our legislator in the Constituent Assembly in 2014, characterized as special, based on the application of the direct procedure, stipulated in Art. 640, determining that In a single hearing, all the stages of the process are brought together, thus analyzing the violations that this entails based on the Constitution of the Republic and due process, within this field we have that the judge of criminal guarantees begins the process with the qualification hearing of flagrante delicto and formulation of charges and this same one passes to the knowledge of the trial stage, issuing a conviction or ratification of innocence, and there is already a violation as it is mandatory to apply this procedure. The general objective is to seek the reform of Art. 640 through a constitutional demand. The methodology used in this scientific work is qualitative, through surveys of experts such as judges, prosecutors and lawyers in free practice; analysis of sentences, in addition to comparative law; leading us to the solution of the problem and as a result it will allow us to reform Article 640 of the COIP through a lawsuit of unconstitutionality that, as a result of the discussion of the scientific study, this encumbers us to the violations that occur when applying this procedure, severely affecting the principle of legal security, defense, which constitutionally protects all Ecuadorians.