Violación al derecho de presunción de inocencia aplicado al procedimiento abreviado en el derecho penal ecuatoriano.

Abstract

Within the Constitutional State of Rights and Justice, a series of rights, norms and guarantees favoring the controversial parties in the process are used in the criminal procedure apparatus, also establishing its guidelines, and in turn, detailing the functions of each one of them, both by the State, this being the Prosecutor, the private prosecution and the defendant with his technical defense, as well as the Judge as procedural arbitrator; Despite the fact that the norm breaks down all these basic guidelines, the lack of normative cohesion and the existence of axiological gaps in the norm leads to the existence of present contradictions today, which have been the object of study in this titling work, since It has been evaluated how the right of nonincrimination and innocence are affected in the abbreviated procedure, based on the criteria of negotiation of the sentence, which offers benefits in terms of procedural speed but which violates the fundamental rights of the accused. What has been proposed has been deepened through a normative, analytical and doctrinal study that made it possible to show that in effect the abbreviated procedure requires a comprehensive reform because it affects fundamental rights and comes to violate due process, its integrity and transparency?