La instrucción fiscal en la causa penal y el debido proceso.

Abstract

The Fiscal Instruction of the criminal case decides the dismissal or accusation in trial of the passive party, at the same time, the prosecutor and the judge of the case, must unite their actions with the right to due process, from the (Political Constitution of Ecuador , 2008), thus, the criminal norm, the (Comprehensive Criminal Organic Code, 2014), Article 600, proposes that, at the end of the Fiscal Instruction, this prosecutor must motivate an accusatory or abstentional opinion, in the first case the passive party will be summoned a Preliminary Trial Hearing, and, in the second, the dismissal is foreseen, but this same legal body endows the plaintiff to initiate a particular complaint, and grants it the procedural benefit, when the passive party is benefited by the abstention prosecutor, to request the intervention of the provincial prosecutor, so that he revokes or ratifies the abstention opinion, in the first case, the provincial prosecutor has the capacity to appoint a substitute prosecutor, and this prosecutor the surrogate must dogmatically accuse the accused, without the latter having time to contradict, for which a reform to the criminal norm is proposed to revoke these special capacities of the provincial prosecutor and provide the surrogate prosecutor with the capacity to contradict the investigation. . The type of research is comparative, the theoretical methodology will be developed through the synthetic analytical method of Article 600 of the COIP, and the right to due process indicated by the maximum standard for subsequent comparison and conclusion.