El debido proceso en los delitos contra la eficiencia de la administración pública.

Abstract

The background of this investigation is represented by the fact that the prosecution in the absence of the persons prosecuted, in this case public officials criminally responsible for the commission of any of the crimes against the efficiency of the public administration, part of the prerogative provided for in article 233 of the Constitution of the Republic of Ecuador. Therefore, the general objective of this investigation is to substantiate an amendment to article 233 of the Constitution to repeal the trial in the absence of persons investigated for committing a crime against the efficiency of public administration. Regarding the methodology, the qualitative modality that has been used in the study of doctrine, of constitutional and criminal procedural norms has been used, which are complemented with the opinion of experts in criminal procedural law and with the study of the case. Regarding the results of the investigation, they demonstrate that in Ecuador the judgment in the absence of crimes against the efficiency of the public administration is practiced, a fact that is criticized by the professionals of the legal sciences consulted. While, in the discussion section, it can be seen that there is a clear position that justifies the need to amend article 233 of the Constitution. Finally, the proposal of this investigation is feasible, since it is demonstrated the trial in absence and the violation of the right to defense and due criminal proceedings in Ecuador.