Fundamentos para el control judicial de imputación, con motivo de una formulación de cargos.

Abstract

This thesis addresses the issue of the possibility of imputation control exercised by the Judge of Criminal Guarantees at the time the Prosecutor General's Office makes the request for the formulation of charges. The imputation control that we are going to analyze refers to the power of the judge to analyze the sufficiency of the evidentiary elements presented by the Prosecutor's Office and determine if there is a solid factual basis to formulate charges against the accused, under the Constitutional principles of the Republic of Ecuador and the Organic Integral Penal Code. The criminal system with the accusatory system of accusation and oral hearings responds to the need for judges (part of the judicial function as well as the State Attorney General's Office) to have a control of a guaranteeing nature over the actions of those who accuse and criminally prosecute. In this context, we examine the grounds that support the possibility of the judge performing such control and review the experience of Argentina, since in that country there is a strong tendency for the Judge of Guarantees to control the indictment. It also examines the practical implications and possible challenges associated with the non-exercise of imputation control by the Judge of Criminal Guarantees. Issues such as judicial independence, impartiality and the need for a clear normative framework to regulate the exercise of this power are highlighted, in order to optimize the fulfillment of a duty that is connatural to date, to the mandate of guaranteeing actions, with respect to criminal judges. It is argued that the control of the indictment by the judge of criminal guarantees constitutes an important safeguard to guarantee the fundamental rights of the accused, such as the right to a fair trial and the principle of presumption of innocence. In addition, it is argued that the exercise of this power prevents the opening of unmotivated criminal proceedings and contributes to the efficiency and effectiveness of the criminal justice system. In conclusion, this thesis defends the possibility of the Judge of Criminal Guarantees controlling the indictment when hearing the indictment. It is argued that this power contributes to the protection of the rights of the accused and to the effectiveness of the criminal justice system. It is proposed that it be exercised, taking into consideration the relevant criteria and standards, to the requirements established in criminal proceduralXIV matters of the legal system as prior to make viable the request of the Attorney General's Office ("FGE"), to bring charges.