El principio de proporcionalidad dentro del procedimiento abreviado en caso de reincidencia.

Abstract

Our degree work deals with the abbreviated procedure and the recidivism of those people who commit crimes under ten years to abuse this procedure, with agreements and even negotiations between the prosecutor and the defendant so that the lowest possible sanction can be imposed. We have done a deep investigation from its historical background, definitions and applications of it. The approach of the abbreviated procedure has been distorted over time, however, being considered as a procedure that provides the Ecuadorian State with efficiency, speed, reduction of costs of criminal procedures and at the same time giving favorability to the defendant in reducing the sentence. The abbreviated procedure has been violated by the defendants due to the lack of clarity and regulatory void in the comprehensive criminal organic code in article 635. Opening a great doubt to the authority when judging repeat defendants due to the fact that they do not There is a rule that supports which decision is best to make in these cases.