La abstención fiscal en el derecho penal ecuatoriano.

Abstract

Article 600, of the Comprehensive Criminal Organic Code, typifies the logistics that the jurisdictional bodies must carry out, that is, the Judges of first instance, inhering in the abstention prosecutor's opinion, in the same that establishes the power that the prosecutor has at the end of the instruction Prosecutor and the specific time in which the preliminary hearing must be convened in the event that the passive party is the offended party who can appear as a private accuser, the same one who will be brought to trial, in the accusatory opinions. The objective is that at the time of the pronouncement of the dismissal of the abstentional opinion by the prosecution, the judge or judge will revoke all precautionary and protection measures, having the case of preventive detention, he will order the immediate release, for this reason, the freedom of the judge to delay this judicial moment, at least from the typification that is the inherent procedural guideline, inclusive, the same may substantiate if there is no measure that forces him to the contrary, in the face of this doubt, and to cover this insufficiency it is proposed that the release ticket of the person under investigation be issued immediately and his due notification be ordered, my proposal being to replace… “order his notification to the procedural subjects”…; by "order the immediate dismissal of the passive party"...; so that in this way, it is favored with the effects of the dismissal or suspension of the precautionary measures caused within the process. The scientific article, as observed, has been developed using a method of comparison between various norms used in three of the South American countries, in addition to analyzing and understanding various opinions of judges in the National Court, where they have observed that Article 600 of the Code Comprehensive Criminal Law, if you need a reform, in order not to delay the process at the time of fiscal abstention. In the proposal made we give the solution to the problem raised, concluding that the reform is, that the immediate dismissal of the passive party is arranged, so that it is favored with the effects of the dismissal. This will not only save procedural time for the judge, but will also give the defendant timely treatment.