Análisis del procedimiento abreviado y su inconstitucionalidad de la autoincriminación dentro de la Presunción de inocencia en el Ecuador.

Abstract

The present investigation, I propose as a general objective to determine the unconstitutionality of self-incrimination in the abbreviated process, compared to the principle of the presumption of innocence, for this purpose, investigations carried out by the authors Jines Torres (2017), Yépez Proaño and Mesa Ayala (2016) and María Sigüenza (2020) whose investigations carried out an in-depth analysis of the unconstitutional aspects of the abbreviated procedure contemplated in the Organic Comprehensive Criminal Code. The methodology used was based on the quantitative approach, for which surveys were applied to 375 lawyers registered in the Guayaquil Canton, Guayas Province, Ecuador. Among the most important results from the practical point of view of the investigation, as well as the legal analysis of the norms in conflict, it was possible to show that the abbreviated procedure in the way it is currently in the COIP violates constitutional principles such as the presumption of innocence and the principle of non-incrimination, since the judge does not verify the evidence presented by the prosecutor, he focuses only on the statement of the accused. In order to solve the problem posed, the investigation proposed to modify article 637 of the COIP, so that the justice operator first assesses the evidence presented by the prosecutorial representation and only if they demonstrate the guilt of the accused, there if This type of procedure is appropriate to avoid the violation of the rights of the accused.