El procedimiento directo y la vulneración al debido proceso en el derecho penal ecuatoriano.

Abstract

he Ecuadorian criminal law of the 20th century, in its desire for evolution, raised the paradigm of the simplification of procedural elements, an axiom shared by domestic law in general, in this context. The Direct Procedure, applicable no longer in the temporary contingency that the Simplified Procedure had and that the Abbreviated Procedure has, since this, as semantically related to its name, is of direct procedural start and application, all procedural and pre-procedural instances are contained in this, is applied ex officio and not contingent on the decision of the passive party, that is, in the formulation of charges, where we realize that there is a violation of the Right of due process, particularly due to the time granted by the judge, clarifying that in these cases there are no terms, if not deadlines in which only the days start, a period that is definitely few at the time of acquiring the necessary evidence that condescends to litigate the demonstrations allow their defense; and contrary those filed against the defendant. In the same way, when being tried by the same judge, since we are faced with impartiality on the part of the judge, since he is the one who qualifies the flagrancy, the same one who is in charge of the trial, who is aware of how to initiate the process and of a or in another way, he spontaneously obtains tangled discernments in aspects, therefore his final decision is vitiated and he would not be exercising the right to due process. Which we will show that the reform of art is paramount. 640 of the Comprehensive Criminal Organic Code in relation to the Direct Procedure, in order to prevent the Right to Due Process in Ecuadorian Criminal Law from being violated.