El debido proceso y la presunción de inocencia en el delito de peculado.

Abstract

The objective of this paper is to unveil the existing contradictions between the principle of due process and the principle of presumption of innocence in crimes against public administration and the observance of constitutional requirements derived from the guarantees of a fair trial. Among the main findings is the existence of contradictions between the rules contained in the Organic Integral Penal Code, in connection with the Due Process Rights, enshrined in the Constitution of Ecuador, as well as with international human rights instruments, disrespecting the constitutional principle of presumption of innocence and the principle of due process. This contradiction originates in the criminal process, as it is an adversarial accusatory system, since it has several procedural stages in which there must be inescapable and taxatory, the application of fundamental principles and guarantees in all criminal proceedings. In order to reach this contradiction, research methods such as bibliographic review and documentary analysis have been used, which led to confirm the presence of a violation of the principle of due process and the principle of innocence in crimes against public administration: embezzlement, as a guarantor rule of the criminal process, deepening the effective judicial protection in the actions of administration of justice.