Eliminar la consulta al fiscal superior sobre el dictamen abstentivo en los delitos menores del COIP.

Abstract

The Prosecutor represents the company in the exercise of the administration of justice, as well as the rights of the company. It is important to mention that when nations are born as a State to punish criminal acts, two criminal procedural legal forms are created, to sanction these events, the inquisitive and accusatory system. Currently, Ecuador is governed by the accusatory system, in which the Prosecutor assumes the role as investigator of the process, with the responsibility of gathering elements to support a resolution, which serves to activate the criminal action and subsequent accusation, as well as to dismiss and archive. it seeks to eliminate the consultation of the superior prosecutor on the abstentive opinion in minor crimes stipulated in the Comprehensive Organic Criminal Code. Since the first level Prosecutor is the head of the public criminal action, and will direct the criminal investigation subject to the principles of opportunity with special public interest and the rights of the victims, and to comply with his functions he will direct a comprehensive specialized system of investigation, which allows you to collect all the elements of conviction, such as expert opinions, versions of the procedural parties, police reports, and based on all these elements, the Prosecutor performs a thorough analysis, in order to reach the conclusion of accusing or making an opinion abstaining objectively and impartially, in order to notify the Judge, to order the notification to the procedural subjects, this would guarantee effective judicial protection, rapid justice complying with due process.